Gillum v. Jeffreys et al
| Cortez Gillum |
| Liuetenant Spiller, C/O Bland, M. Siddiqui, Frank Lawrence, C/O Brandt, Rob Jeffreys, Lieutenant Gee, Angela Crain, Wexford Health Services, Inc. and Lt. Spiller |
| 3:2019cv01039 |
| September 24, 2019 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Filing 24 WAIVER OF SERVICE Returned Executed Wexford Health Services, Inc. waiver sent on 11/8/2019, answer due 1/7/2020. (tjk) |
| Filing 23 WAIVER OF SERVICE Returned Executed M. Siddiqui waiver sent on 11/8/2019, answer due 1/7/2020. (tjk) |
| Filing 22 WAIVER OF SERVICE Returned Executed Rob Jeffreys waiver sent on 11/8/2019, answer due 1/7/2020. (tjk) |
| Filing 21 REQUEST FOR WAIVER of Service sent to Jeffreys on 11/8/2019. Waiver of Service due by 12/9/2019. (tjk) |
| Filing 20 REQUEST FOR WAIVER of Service sent to Wexford on 11/8/2019. Waiver of Service due by 12/9/2019. (tjk) |
| Filing 19 REQUEST FOR WAIVER of Service sent to Siddiqui on 11/8/2019. Waiver of Service due by 12/9/2019. (tjk) |
Filing 18
Order for Service of Process upon M. Siddiqui, Wexford Health Services, Inc., and Rob Jeffreys (official capacity only). Count 1 will proceed against Siddiqui and Wexford and Count 2 will proceed against Siddiqui. The claim in Count 1 against Crain, Lawrence, and Jeffreys (individual capacity) is DISMISSED without prejudice. To the extent Plaintiff is seeking injunctive relief as to the claim in Count 1, Jeffreys will remain as a defendant in his official capacity. Counts 3-11 are severed and the Clerk of Court shall OPEN Severed Case Nos. 1-4 as DIRECTED in the Order. The Clerk of Court is DIRECTED to TERMINATE Crain, Lawrence, Spiller, Gee, Bland, and Brandt as parties in this action. The request for a preliminary injunction in the Complaint (Doc. 1, p. 18) is DENIED as moot and the Motion for Preliminary Injunction and Temporary Restraining Order (Doc. 2) is DENIED as moot. The hearing on the request for preliminary injunctive relief is, therefore, CANCELED. Defendant Wexford Health Sources, Inc.'s motion to continue (Doc. 17) the hearing is DENIED as moot. Signed by Chief Judge Nancy J. Rosenstengel on 11/8/2019. (ksp)
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| Filing 17 MOTION to Continue by Wexford Health Services, Inc.. (Matusofsky, Alison) |
| Filing 16 NOTICE of Appearance by Alison J. Matusofsky on behalf of Wexford Health Services, Inc. (Matusofsky, Alison) |
| Filing 15 NOTICE of Appearance by Timothy P. Dugan on behalf of Wexford Health Services, Inc. (Dugan, Timothy) |
| Filing 14 RESPONSE in Opposition re #2 MOTION for Temporary Restraining Order for Preliminary Injunction filed by Rob Jeffreys. (Attachments: #1 Exhibit A, #2 Exhibit B)(Johnson, Areda) |
| Set/Reset Deadlines as to #2 MOTION for Temporary Restraining Order. Responses due by 11/5/2019 (jaj) |
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Filing 13
ORDER: This matter is before the Court for case management. Plaintiff's Complaint is currently awaiting preliminary review by the Court pursuant to 28 U.S.C. 1915A. The filing of Defendants' response to Plaintiff's Motion for Preliminary Injunction and Temporary Restraining Order is extended to November 5, 2019. Signed by Chief Judge Nancy J. Rosenstengel on 10/24/2019. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Initial Prisoner Filing Fee: $ 6.63 received, receipt number 34625096715 (cds) |
| Filing 12 NOTICE of Appearance by Areda Johnson on behalf of Rob Jeffreys (Johnson, Areda) |
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Filing 11
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #3 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $6.63. The agency having custody of Plaintiff is directed to forward the initial partial filing fee from Plaintiff's account to the Clerk of Court upon receipt of this Order. Plaintiff shall make monthly payments of 20% of the preceding month's income credited to Plaintiff's prison trust fund account (including all deposits to the inmate account from any source) until the $350.00 filing fee is paid in full. The agency having custody of Plaintiff shall forward payments from Plaintiff's account to the Clerk of this Court each time the amount in the account exceeds $10 until the $350.00 filing fee is paid.In addition, Plaintiff shall note that the filing fees for multiple cases cumulate. See Newlin v. Helman, 123 F.3d 429, 436 (7th Cir. 1997), overruled in part on other grounds by Lee v. Clinton, 209 F.3d 1025 (7th Cir. 2000); Walker v. O'Brien, 216 F.3d 626 (7th Cir. 2000). A prisoner who files one suit must remit 20% of his monthly income to the Clerk of the Court until his fees have been paid; a prisoner who files a second suit or an appeal must remit 40%; and so on. Newlin, 123 F.3d at 436. "Five suits or appeals mean that the prisoner's entire monthly income must be turned over to the court until the fees have been paid." Id. Payments shall be mailed to: Clerk of the Court, United States District Court for the Southern District of Illinois, 750 Missouri Avenue, East St. Louis, Illinois 62201. The Clerk is DIRECTED to mail a copy of this Order to the Trust Fund Officer at the Pontiac Correctional Center upon entry of this Order. Signed by Chief Judge Nancy J. Rosenstengel on 10/2/2019. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 10 VIDEO WRIT ISSUED as to Cortez Gillum B64415 to be held November 12, 2019 at 1:30 PM before Chief Judge Nancy J. Rosenstengel. (drb) |
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Filing 9
NOTICE AND ORDER: IDOC and the Warden of Pontiac Correctional Center shall arrange to have Cortez Gillum #B64415 present via video conference on November 12, 2019 at 1:30 PM before Chief Judge Nancy J. Rosenstengel. Signed by Chief Judge Nancy J. Rosenstengel on 10/1/2019. (drb)
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Filing 8
ORDER Setting Hearing on #2 MOTION for Preliminary Injunction and Temporary Restraining Order. Motion Hearing set for November 12, 2019 at 1:30 PM in East St. Louis Courthouse before Chief Judge Nancy J. Rosenstengel. Plaintiff shall appear via video. In order to assist the Court in its resolution of the Motion, Defendants SHALL FILE A RESPONSE on or before October 25, 2019. Signed by Chief Judge Nancy J. Rosenstengel on 10/1/2019. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| SetDeadlines as to #2 Motion for Temporary Restraining Order. Responses due by 10/25/2019 Motion Hearing set for 11/12/2019 at 1:30 PM in East St. Louis Courthouse before Chief Judge Nancy J. Rosenstengel. (drb) |
| Filing 7 Prisoner Trust Fund Account Statement. (jaj) |
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Filing 6
ORDER: This matter is before the Court for case management. Plaintiff, an inmate of the Illinois Department of Corrections (IDOC) currently incarcerated at Pontiac Correctional Center, brings this Section 1983 action for deprivations of his constitutional rights. An initial review of the Complaint reveals that Plaintiff brings claims against IDOC officials and medical staff for deliberate indifference related to medical treatment for a shoulder injury and conditions of confinement related to his epilepsy. Plaintiff filed a motion for preliminary injunction and temporary restraining order requesting an order for (1) adequate medical treatment for a shoulder injury including surgery needed to repair a torn rotator cuff, (2) housing in a cell with a duress alarm so he can alert officials when he is having a seizure, and (3) transfer to Graham Correctional Center or Dixon Correctional Center which he alleges are better suited to treat epileptic prisoners. Plaintiff's claims in the Complaint will be screened pursuant to 28 U.S.C. 1915A as soon as practicable in a separate order. Plaintiff's request for a preliminary injunction and temporary restraining order will be addressed without delay. See Wheeler v. Wexford Health Sources, Inc., 689 F.3d 680 (7th Cir. 2012). Toward that end, a hearing regarding Plaintiff's motion will be set by separate order. Signed by Chief Judge Nancy J. Rosenstengel on 9/25/2019. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 5
ORDER: Plaintiff has filed a Motion for Leave to Proceed in Forma Pauperis ("IFP") in this case (see Doc. #3 ), but has failed to provide the necessary prisoner trust fund account information as required by the PLRA to determine whether the inmate is entitled to proceed without prepaying fees and costs. Pursuant to 28 U.S.C. Section 1915(b)(1), the Court must review the prisoner trust fund account statement for the 6 month period immediately preceding the filing of this action. IT IS THEREFORE ORDERED that Plaintiff shall provide the Clerk of Court with the attached certification completed by the Trust Fund Officer at the facility and a copy of his/her trust fund account statement (or institutional equivalent) for the period 3/1/2019 to 9/24/2019 no later than 45 days from the date of this order. Failure to do so will result in dismissal of this action for failure to comply with an Order of this Court. Fed. R. Civ. P. 41(b). See generally Ladien v. Astrachan, 128 F.3d 1051 (7th Cir. 1997); Johnson v. Kamminga, 34 F.3d 466 (7th Cir. 1994). The Clerk is DIRECTED to mail a copy of this Order and the certification form to the Trust Fund Officer at Pontiac Correctional Center. (Trust Fund Statement due on or before 11/12/2019). Signed by Chief Judge Nancy J. Rosenstengel on 9/25/2019. (tjk)
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Filing 4
NOTICE AND ORDER: The Court has received your complaint and your motion to proceed without prepayment of the filing fee. Your case number is 19-1039-NJR. The following is some information you should know regarding the initial stages of your lawsuit. After your filing fee status is determined, the Court will review your complaint to identify legally sufficient claims and defendants and dismiss any legally insufficient claims. See: 28 U.S.C. Sec. 1915A. The Court will conduct this review within the next 60 days and inform you of the findings in a Merit Review Order. No other action will be taken in your case during this time, absent extraordinary circumstances. Therefore, you do not need to submit any evidence, argument, motions, or other documents. If you filed a motion for recruitment of counsel along with your complaint, it will not be considered until the merit review is complete. Please note that any motion for recruitment of counsel must include evidence of your own efforts to find counsel, such as a list of the attorneys you contacted and copies of letters you sent or received. See Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007). If you do not receive a Merit Review Order within the next 60 days, you may file a motion requesting the status of your case. In the event your claim(s) survive the merit review, further information and instruction will be provided to you at that time. In addition, several administrative matters warrant mention. Any communication directed to the Court should be in the form of a motion or other pleading and not a letter. All mail should be sent to: Clerk's Office, U.S. District Court, 750 Missouri Avenue, East St. Louis, IL 62201. A copy of the Notice and Consent to Proceed Before a Magistrate Judge form is attached to this Order. Finally, you are advised that if your address changes, you must notify the Court within seven days of the change by filing a Notice of Change of Address. Failure to do so could result in the dismissal of your case. Signed by Chief Judge Nancy J. Rosenstengel on 9/24/2019. (jaj)
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| Filing 3 MOTION for Leave to Proceed in forma pauperis by Cortez Gillum. (jaj) |
| Filing 2 MOTION for Preliminary Injunction and Temporary Restraining Order by Cortez Gillum. (Attachments: #1 Declaration in Support)(jaj) |
| Filing 1 COMPLAINT against All Defendants filed by Cortez Gillum. (Attachments: #1 Memo in Support)(jaj) |
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