Abernathy v. Myers, et al.

Abernathy v. Myers, et al.

Plaintiff:	Edward Abernathy
Defendant:	Percy Myers, Pinckneyville Medical Staff and Christine Brown
Case Number:	3:2019cv01062
Filed:	October 1, 2019
Court:	US District Court for the Southern District of Illinois
Presiding Judge:	Nancy J Rosenstengel
Nature of Suit:	Prisoner: Civil Rights
Cause of Action:	42 U.S.C. § 1983
Jury Demanded By:	Both

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This docket was last retrieved on May 5, 2023. A more recent docket listing may be available from PACER.

Date Filed	Document Text
November 21, 2019	Filing 103 ORDER GRANTING in part and DENYING in part #102 Motion for Leave to Withdraw Amended Complaint and Second Motion for Preliminary Injunction and for Leave to Amend. Plaintiff's request to withdraw the second motion for preliminary injunction (Doc. 72) is GRANTED and the motion is ORDERED WITHDRAWN. Plaintiff's request to withdraw the amended complaint is DENIED but Plaintiff is GRANTED leave to file a motion for leave to amend with a proposed second amended complaint within 60 days of this Order (on or before January 20, 2020). The second amended complaint will be subject to review under 28 U.S.C. 1915A. Further, Plaintiff may file a motion for preliminary injunction, if deemed appropriate by Plaintiff and his counsel, at any time during the pendency of this action. Signed by Chief Judge Nancy J. Rosenstengel on 11/21/2019. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
November 20, 2019	Filing 102 MOTION to Withdraw Amended Complaint and Second Motion for Preliminary Injunction, MOTION for Leave to File Amended Complaint by Edward Abernathy. (Offergeld, Leslie)
November 19, 2019	Filing 101 ORDER granting #100 Motion for Extension of Time to File Response to Motion for Preliminary Injunction. Response due December 2, 2019. Signed by Chief Judge Nancy J. Rosenstengel on 11/19/2019. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
November 19, 2019	Filing 100 MOTION for Extension of Time Instanter by Christine Brown. (Johnson, Areda)
November 19, 2019	Reset Deadlines as to #72 MOTION for Preliminary Injunction. Responses due by 12/2/2019 (lmb)
November 18, 2019	Filing 99 ORDER granting #98 Motion to Substitute Counsel. Assistant Attorney General Areda Johnson has entered an appearance on behalf of Defendant Christine Brown. Attorney Johnson seeks to be substituted for Assistant Attorney General Kathryn Boyle as she is no longer assigned to this case. The Motion is GRANTED. Attorney Kathryne Boyle is terminated as counsel of record. Signed by Chief Judge Nancy J. Rosenstengel on 11/18/2019. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
November 18, 2019	Filing 98 MOTION to Substitute Attorney by Christine Brown. (Johnson, Areda)
November 18, 2019	Filing 97 NOTICE of Appearance by Areda Johnson on behalf of Christine Brown (Johnson, Areda)
November 8, 2019	Filing 96 Attorney Rachael Hayes advised the Clerks Office on 11/8/19 that she will not apply for admission or move to enter Pro Hac Vice. No further documents will be provided to Attorney Hayes by the court. (rah)
November 6, 2019	Filing 95 ORDER granting #94 Motion for PACER Fee Waiver. The Clerk of Court is DIRECTED to email a copy of this Order to the PACER Service Center. Signed by Chief Judge Nancy J. Rosenstengel on 11/6/2019. (ksp)
November 5, 2019	Filing 94 MOTION for Exemption of PACER Fees by Edward Abernathy. (Offergeld, Leslie)
November 5, 2019	Filing 93 NOTICE of Appearance by Leslie G. Offergeld on behalf of Edward Abernathy (Offergeld, Leslie)
November 1, 2019	Filing 92 ORDER assigning Attorney: In accordance with 28 U.S.C. 1915(e)(1) and Local Rule(s) 83.1(i) and 83.9(b), attorney LESLIE G. OFFERGELD of WALKER & WILLIAMS, P.C. located in Belleville, Illinois is ASSIGNED to represent Plaintiff in this civil rights case. On or before November 18, 2019, assigned counsel shall enter her appearance in this case. The Clerk of Court is DIRECTED to transmit this Order to Attorney Offergeld. Signed by Chief Judge Nancy J. Rosenstengel on 11/1/2019. (ksp)
November 1, 2019	Filing 91 ORDER: Attorney Hedrick's Motion for Relief from Assignment Pursuant to Local Rule 83.11(a)(1) (Doc. 90) is GRANTED and he is relieved of the Order (Doc. 86) assigning him as counsel for Plaintiff. Signed by Chief Judge Nancy J. Rosenstengel on 11/1/2019. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
November 1, 2019	Filing 90 MOTION Relief from Assignment Pursuant to Local Rule 83.11(a)(1) re #86 Order, by Edward Abernathy. (Hedrick, Mitchell)
October 31, 2019	Filing 89 NOTICE OF MODIFICATION re 88 Order on Motion for Preliminary Injunction. The order was modified to boldface "shall not" instead of "shall." (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
October 30, 2019	Filing 88 ORDER STRIKING #87 Motion for Preliminary Injunction. The Court has assigned counsel to represent Plaintiff in this case. In the order assigning counsel, Plaintiff was advised that he shall not personally file anything in this case, except a pleading that asks that he be allowed to have counsel withdraw from representation. Accordingly, the Motion for Preliminary Injunction is STRICKEN. Additionally, the Court notes that two pages of the pleading (Doc. 87, pp. 2, 3) have previously been filed as motions and were denied (Docs. 75, 76). Further, the new part of the pleading appears to seek preliminary injunctive relief against individuals who are not parties for matters that are not related to the claim in this action. Plaintiff has been told on numerous occasions that he cannot request preliminary injunctive relief for claims that are not related to the claim of inadequate medical care against Defendants Myers and Brown. Signed by Chief Judge Nancy J. Rosenstengel on 10/30/2019. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. Modified on 10/31/2019 (tjk).
October 30, 2019	Filing 87 ENTRY STRICKEN: Third MOTION for Preliminary Injunction by Edward Abernathy. (jsm2) Modified on 10/31/2019 (lmb).
October 29, 2019	Set/Reset Deadlines: MITCHELL P. HEDRICK of HEYL ROSTER located in Peoria, Illinois, is ASSIGNED to represent Plaintiff in this civil rights case. On or before November 11, 2019, assigned counsel shall enter his appearance in this case. (Attorney Appearance due by 11/11/2019) (lmb)
October 29, 2019	Filing 86 ORDER assigning Attorney: In accordance with 28 U.S.C. 1915(e)(1) and Local Rule(s) 83.1(i) and 83.9(b), attorney MITCHELL P. HEDRICK of HEYL ROSTER located in Peoria, Illinois, is ASSIGNED to represent Plaintiff in this civil rights case. On or before November 11, 2019, assigned counsel shall enter his appearance in this case. The Clerk of Court is DIRECTED to transmit this Order to Attorney Hedrick. Signed by Chief Judge Nancy J. Rosenstengel on 10/25/2019. (ksp)
October 25, 2019	Set/Reset Deadlines as to #72 MOTION for Preliminary Injunction. Responses due by 11/22/2019 (lmb)
October 25, 2019	Filing 85 ORDER granting #83 Motion for Protective Order. Signed by Chief Judge Nancy J. Rosenstengel on 10/25/2019. (ksp)
October 25, 2019	Filing 84 ORDER GRANTING #79 Motion for Extension of Time. The Court GRANTS Defendant Myers additional time to respond to Plaintiff's Motion for Preliminary Injunctive Relief (Doc. 72). The response is due November 22, 2019. Signed by Chief Judge Nancy J. Rosenstengel on 10/25/2019. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
October 22, 2019	Filing 83 MOTION for Protective Order by Percy Myers. (Griffith, Michael)
October 22, 2019	Filing 82 DEMAND for Trial by Jury by Percy Myers. (Griffith, Michael)
October 22, 2019	Filing 81 ANSWER to #43 Amended Complaint by Percy Myers.(Griffith, Michael)
October 22, 2019	Filing 80 ORDER re #78 Order Assigning Attorney: On October 10, 2019, the Court assigned attorney Stephen J. Moore to represent Plaintiff in this civil rights case in accord with the Court's pro bono rules. See Local Rules 83.1(i) and 83.8-83.14. It has come to the Court's attention that attorney Moore was appointed to represent another pro se litigant in March 2019. See Case No. 18-cv-1177-SMY. The Court's pro bono rules provide that no member of the bar of this Court shall be required to accept more than one assignment during any twelve-month period. Accordingly, the Court sua sponte strikes the appointment of attorney Moore in this civil rights action. New counsel will be appointed by separate order. The Clerk is DIRECTED to REMOVE attorney Moore from the pro bono panel. Attorney Stephen J. Moore terminated. Signed by Chief Judge Nancy J. Rosenstengel on 10/22/2019. (dsw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
October 22, 2019	Filing 79 MOTION for Extension of Time by Percy Myers. (Griffith, Michael)
October 10, 2019	Filing 78 ORDER assigning Attorney: Plaintiff's Motion for Recruitment of Counsel (Doc. #73 ) is GRANTED. In accordance with 28 U.S.C. 1915(e)(1) and Local Rule(s) 83.1(i) and 83.9(b), attorney STEPHEN J. MOORE of GALLOWAY, JOHNSON, TOMPKINS, BURR & SMITH located in St. Louis, Missouri, is ASSIGNED to represent Plaintiff in this civil rights case. On or before October 24, 2019, assigned counsel shall enter his appearance in this case. The Clerk of Court is DIRECTED to transmit this Order to Attorney Moore. Signed by Chief Judge Nancy J. Rosenstengel on 10/10/2019. (ksp)
October 9, 2019	Filing 77 ORDER: The Court defers ruling on the motion for preliminary injunction #72 until after Defendants have filed their response and the Court determines whether a hearing is necessary. Signed by Chief Judge Nancy J. Rosenstengel on 10/9/2019. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
October 9, 2019	Filing 76 ORDER DENYING #71 Motion. Plaintiff refiled the motion for preliminary injunction (Doc. 60) that was denied by the Court on October 3, 2019 (Doc. 67). Document 71 is a copy of document 60 and does not add anything new for consideration. The motion is, therefore, DENIED for the reasons set forth in the Court's Order dated October 3, 2019. Signed by Chief Judge Nancy J. Rosenstengel on 10/9/2019. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
October 9, 2019	Filing 75 ORDER DENYING #70 Motion to File Multiple Claims. Plaintiff seeks to add claims against 28 individuals who are not defendants in this case. Plaintiff has not filed a motion for leave to amend or submitted a proposed amended complaint as required by Federal Rule of Civil Procedure 15(a) and Local Rule 15.1. Additionally, the claims and the 28 individuals do not appear to be related to the claim in this case against Defendants Myers and Brown for inadequate medical care. To the extent that Plaintiff seeks to add unrelated claims and/or claims that arose out of facts that occurred after the filing of his original Complaint, these are new claims that would require Plaintiff to file a new lawsuit after first exhausting his administrative remedies as to each claim. The Motion to File Multiple Claims is, therefore, DENIED. Signed by Chief Judge Nancy J. Rosenstengel on 10/9/2019. (ksp)
October 8, 2019	Filing 74 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jsm2)
October 8, 2019	Filing 73 Second MOTION for Recruitment of Counsel by Edward Abernathy. (jsm2)
October 8, 2019	Filing 72 WITHDRAWN PER ORDER 103: Second MOTION for Preliminary Injunction by Edward Abernathy. (jsm2) Modified on 11/21/2019 (lmb).
October 8, 2019	Filing 71 Second MOTION to get Help ASAP with Preliminary Injunction by Edward Abernathy. (jsm2)
October 8, 2019	Filing 70 Second MOTION to File Multiple Claims by Edward Abernathy. (jsm2)
October 4, 2019	Filing 69 NOTICE of Appearance by Michael DeWayne Griffith on behalf of Percy Myers (Griffith, Michael)
October 4, 2019	Filing 68 NOTICE of Appearance by Timothy P. Dugan on behalf of Percy Myers (Dugan, Timothy)
October 3, 2019	Filing 67 ORDER DENYING without prejudice #54 MOTION for recruitment of counsel and #60 MOTION for preliminary injunction. Signed by Chief Judge Nancy J. Rosenstengel on 10/3/2019. (ksp)
October 3, 2019	Filing 66 Docket Annotation: Scanning Pinckneyville added for transmission of electronic documents. (tjk)
October 3, 2019	Filing 65 ORDER: This Court has received your complaint from the Central District of Illinois previously assigned case number 1:18-cv-01432. Your new case number is 19-1062-NJR. 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 10/3/2019. (tjk)
October 1, 2019	Filing 64 Letter to Attorney Rachael N Hayes (Attachments: #1 Consent to Magistrate Judge) (rah)
October 1, 2019	Filing 63 Case transferred in from District of Illinois Central; Case Number 1:18-cv-01432. Original file certified copy of transfer order and docket sheet received.
October 1, 2019	Filing 62 MOTION to Dismiss by Defendant Percy Myers. (Attachments: #1 Memorandum of Law)(SAG, ilcd) [Transferred from Illinois Central on 10/1/2019.]
October 1, 2019	Filing 61 ORDER entered by Chief Judge Sara Darrow on 10/1/2019. IT IS THEREFORE ORDERED:1) Defendants' Motion #59 is GRANTED. Clerk is directed to docket the Motion toDismiss attached thereto [59-2] in a separate docket entry. Defendants' Motion to Dismiss is GRANTED to the extent that it seeks to transfer this case to the Southern District of Illinois and DENIED as to any other relief requested. 2) This case and Plaintiff's pending motions #54 #60 are hereby transferred to theSouthern District of Illinois pursuant to 28 U.S.C. 1391(b) and 28 U.S.C. 1404(a), for any actions the transferee court deems necessary. SEE FULL WRITTEN ORDER. (SAG, ilcd) [Transferred from Illinois Central on 10/1/2019.]
September 30, 2019	Filing 60 MOTION to get help ASAP with Preliminary Injunction by Plaintiff Edward Abernathy. Responses due by 10/15/2019 (RL, ilcd) [Transferred from Illinois Central on 10/1/2019.]
September 24, 2019	Filing 59 MOTION for Extension of Time to File Responsive Pleading Instanter by Defendant Percy Myers. Responses due by 10/8/2019 (Attachments: #1 Exhibit, #2 Exhibit)(Hayes, Rachael) [Transferred from Illinois Central on 10/1/2019.]
August 27, 2019	Set/Reset Deadlines: Rule 16 Deadline 9/23/2019. (SAG, ilcd) [Transferred from Illinois Central on 10/1/2019.]
August 27, 2019	TEXT ORDER entered by Chief Judge Sara Darrow on 8/27/2019. Defendant Myers' Motion for Extension of Time to file Answer is granted #57 . Defendant Myers' answer is due on or before 9/22/2019. (SAG, ilcd) [Transferred from Illinois Central on 10/1/2019.]
August 26, 2019	Filing 58 ANSWER to #43 Amended Complaint and Affirmative Defenses by Christine Brown.(Boyle, Kathryn) [Transferred from Illinois Central on 10/1/2019.]
August 23, 2019	Filing 57 MOTION for Extension of Time to File Answer re #43 Amended Complaint by Defendant M.D. Myers. Responses due by 9/6/2019 (Hayes, Rachael) [Transferred from Illinois Central on 10/1/2019.]
August 23, 2019	Filing 56 NOTICE of Appearance of Attorney by Rachael N Hayes on behalf of M.D. Myers (Hayes, Rachael) [Transferred from Illinois Central on 10/1/2019.]
August 23, 2019	Filing 55 NOTICE of Appearance of Attorney by Joseph N Rupcich on behalf of M.D. Myers (Rupcich, Joseph) [Transferred from Illinois Central on 10/1/2019.]
August 9, 2019	Filing 54 MOTION looking for help asap and counselor to fight and speak for me by Plaintiff Edward Abernathy. Responses due by 8/23/2019 (KB, ilcd) [Transferred from Illinois Central on 10/1/2019.]
August 8, 2019	TEXT ORDER entered by Chief Judge Sara Darrow on 8/8/2019. Plaintiff filed a Motion to Refile the TRO/Injunction #52 . Therein, he alleges that he does not have access to the law library, the counselors do not help, that the retaliation and harassment has not stopped, that he has not been sent to an outside physician for diagnosis, and that his hearing aids are making a thumping sound. Outside of alleging that he wrote Defendant Brown a letter on a topic he does not disclose, Plaintiff does not explain how the defendants were responsible for these alleged deprivations or how they are related to his underlying claims in this lawsuit. The Court finds that Plaintiff has not shown a reasonable likelihood of success on the merits, and, therefore, his motion #52 is DENIED. Foodcomm Int'l v Barry, 328 F.3d 300, 303 (7th Cir. 2003); see also Pacific Radiation Oncology, LLC v. Queen's Medical Ctr., 810 F.3d 631, 636 (9th Cir. 2015) ("[T]here must be a relationship between the injury claimed in the motion for injunctive relief and the conduct asserted in the underlying complaint."). Plaintiff's Motion to Ask Court Not to Let Counsel Enter Her Appearance for Defendant Brown #53 is DENIED. The Court sees no legal basis for the relief Plaintiff seeks. (SAG, ilcd) [Transferred from Illinois Central on 10/1/2019.]
August 7, 2019	Filing 53 MOTION to ask court not to let counsel enter their appearance for Defendant Brown by Plaintiff Edward Abernathy. Responses due by 8/21/2019 (KB, ilcd) [Transferred from Illinois Central on 10/1/2019.]
August 5, 2019	Filing 52 MOTION TO REFILE T.R.O. AN INJUNCTION by Plaintiff Edward Abernathy. Responses due by 8/19/2019 (ED, ilcd) (Main Document 52 replaced on 8/6/2019) (SAG, ilcd). [Transferred from Illinois Central on 10/1/2019.]
August 5, 2019	TEXT ORDER entered by Chief Judge Sara Darrow on 8/5/2019. Plaintiff filed two motions #48 #49 that the Court construes as motions for injunctive relief. Therein, Plaintiff appears to allege that non-defendant, non-medical prison officials are retaliating against him because he filed the present lawsuit. The Court cannot order non-defendant officials to take, or refrain from, specific actions. Further, the actions Plaintiff seeks to enjoin are not related to his underlying claim for inadequate medical care, and, therefore, the Court has no authority to grant such relief. Pacific Radiation Oncology, LLC v. Queen's Medical Ctr., 810 F.3d 631, 636 (9th Cir. 2015) ("[T]here must be a relationship between the injury claimed in the motion for injunctive relief and the conduct asserted in the underlying complaint."). If Plaintiff is attempting to amend his complaint, he must file a proposed amended complaint that contains all allegations against all defendants. Plaintiff's motions #48 #49 are DENIED. Plaintiff's Motion #51 is DENIED. If Plaintiff wants copies of any document contained in the record, he must pay the copying fee of 10 cents per page ($0.10/page) up front. (SAG, ilcd) [Transferred from Illinois Central on 10/1/2019.]
July 30, 2019	Filing 51 MOTION by Plaintiff Edward Abernathy. Responses due by 8/13/2019 (ED, ilcd) [Transferred from Illinois Central on 10/1/2019.]
July 24, 2019	Filing 50 NOTICE of Appearance of Attorney by Kathryn Elizabeth Boyle on behalf of C Brown (Boyle, Kathryn) [Transferred from Illinois Central on 10/1/2019.]
July 18, 2019	Filing 49 MOTION by Plaintiff Edward Abernathy. Responses due by 8/1/2019 (KB, ilcd) [Transferred from Illinois Central on 10/1/2019.]
July 10, 2019	Filing 48 MOTION by Plaintiff Edward Abernathy. Responses due by 7/24/2019 (RL, ilcd) [Transferred from Illinois Central on 10/1/2019.]
July 10, 2019	Filing 47 WAIVER OF SERVICE Returned Executed by Edward Abernathy. C Brown waiver sent on 6/27/2019, answer due 8/26/2019; M.D. Myers waiver sent on 6/27/2019, answer due 8/26/2019. (SAG, ilcd) [Transferred from Illinois Central on 10/1/2019.]
July 10, 2019	TEXT ORDER entered by Chief Judge Sara Darrow on 7/10/2019. Plaintiff's Motion to Sue Prison Guards and Administrators in their official and individual capacity #46 is DENIED. Plaintiff appears to be attempting to add additional claims and defendants to this lawsuit. To do so, Plaintiff must file a motion for leave to amend complaint and attach a proposed amended complaint that includes all claims against all defendants without reference to any prior complaints. Piecemeal complaints are not accepted. (SAG, ilcd) [Transferred from Illinois Central on 10/1/2019.]
June 27, 2019	Filing 45 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to M.D. Myers and C Brown on 6/27/2019. (Attachments: #1 waiver 2)(SAG, ilcd) [Transferred from Illinois Central on 10/1/2019.]
June 27, 2019	Filing 44 HIPAA QUALIFIED PROTECTIVE ORDER entered by Judge Harold A. Baker on 6/27/2019. (SAG, ilcd) [Transferred from Illinois Central on 10/1/2019.]
June 27, 2019	Filing 43 AMENDED COMPLAINT against C Brown, M.D. Myers, filed by Edward Abernathy.(SAG, ilcd) [Transferred from Illinois Central on 10/1/2019.]
June 27, 2019	Filing 42 MERIT REVIEW AND CASE MANAGEMENT ORDER entered by Judge Harold A. Baker on 6/27/2019. It is therefore ordered: 1. Plaintiff's Motion #35 is granted to the extent that Plaintiff seeks leave to file an amended complaint and denied as to any other relief requested. Clerk is directed to docket the amended complaint, #35 at 5-9, attached to that order. 2. Pursuant to its merit review of the Complaint under 28 U.S.C. 1915A, the court finds that the plaintiff states an Eighth Amendment claim for deliberate indifference to a serious medical need against M.D. Myers and C. Brown. Any additional claims shall not be included in the case, except at the court's discretion on motion by a party for good cause shown or pursuant to FederalRule of Civil Procedure 15. SEE FULL WRITTEN ORDER.(SAG, ilcd) [Transferred from Illinois Central on 10/1/2019.]
June 26, 2019	Filing 46 MOTION by Plaintiff Edward Abernathy. Responses due by 7/10/2019 (RL, ilcd) [Transferred from Illinois Central on 10/1/2019.]
June 25, 2019	Filing 41 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction, by Plaintiff Edward Abernathy. Responses due by 7/9/2019 (RL, ilcd) [Transferred from Illinois Central on 10/1/2019.]
June 19, 2019	Filing 40 +++ PRISONER TRUST FUND LEDGER. by Edward Abernathy (KB, ilcd) [Transferred from Illinois Central on 10/1/2019.]
June 19, 2019	Filing 39 Letter from plaintiff. (KB, ilcd) [Transferred from Illinois Central on 10/1/2019.]
June 13, 2019	Filing 38 MOTION for outside of correctional center medical treatment by Plaintiff Edward Abernathy. Responses due by 6/27/2019 (KB, ilcd) [Transferred from Illinois Central on 10/1/2019.]
June 6, 2019	Filing 37 MOTION to file multiple claims by Plaintiff Edward Abernathy. Responses due by 6/20/2019 (KB, ilcd) [Transferred from Illinois Central on 10/1/2019.]
May 9, 2019	Filing 36 MOTION to Amend Complaint by Plaintiff Edward Abernathy. Responses due by 5/23/2019. (LN, ilcd) [Transferred from Illinois Central on 10/1/2019.]
May 6, 2019	Filing 35 MOTION in letter form by Plaintiff Edward Abernathy. Responses due by 5/20/2019. (LN, ilcd) [Transferred from Illinois Central on 10/1/2019.]
April 23, 2019	Filing 34 MOTION by Plaintiff Edward Abernathy. Responses due by 5/7/2019. (LN, ilcd) [Transferred from Illinois Central on 10/1/2019.]
April 22, 2019	Filing 33 ORDER Entered by Judge Harold A. Baker on 4/22/2019. See written Order. Plaintiffs Motion for Extension of Time #31 is GRANTED.Plaintiff shall file any amended complaint within 30 days ofthis Order. The amended complaint must contain allallegations against all defendants. Plaintiff is also advised thathe may only bring suit for claims he has fully exhaustedthrough the prison grievance process. Clerk is directed to send Plaintiff a blank complaint form. Plaintiffs Motions #27 #28 #29 #32 are DENIED for the reasonsstated above.(ED, ilcd) [Transferred from Illinois Central on 10/1/2019.]
April 4, 2019	Filing 32 MOTION by Plaintiff Edward Abernathy. Responses due by 4/18/2019. (LN, ilcd) [Transferred from Illinois Central on 10/1/2019.]
March 7, 2019	Filing 31 MOTION for Extension of Time to File Amended Complaint by Plaintiff Edward Abernathy. Responses due by 3/21/2019. (KB, ilcd) [Transferred from Illinois Central on 10/1/2019.]
March 7, 2019	Filing 30 MOTION to Request Counsel by Plaintiff Edward Abernathy. Responses due by 3/21/2019. (LN, ilcd) (Main Document 30 replaced on 3/8/2019 with just motion for counsel) (KB, ilcd). Modified on 3/8/2019 to separate out documents (KB, ilcd). [Transferred from Illinois Central on 10/1/2019.]
February 22, 2019	Filing 29 MOTION by Plaintiff Edward Abernathy. Responses due by 3/8/2019. (LN, ilcd) [Transferred from Illinois Central on 10/1/2019.]
February 19, 2019	Filing 28 MOTION by Plaintiff Edward Abernathy. Responses due by 3/6/2019 (KB, ilcd) [Transferred from Illinois Central on 10/1/2019.]
February 13, 2019	Filing 27 MOTION by Plaintiff Edward Abernathy. Responses due by 2/27/2019. (LN, ilcd) [Transferred from Illinois Central on 10/1/2019.]
February 13, 2019	Filing 26 MERIT REVIEW OPINION - Entered by Judge Harold A. Baker on 2/13/2019. See written Order. 1) Plaintiff's complaint is dismissed for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6) and 28 U.S.C. 1915A. Plaintiff shall have 30 days from the entry of this order to file an amended complaint. Failure to file an amended complaint will result in the dismissal of this case, without prejudice, for failure to state a claim. Plaintiff's amended complaint will replace Plaintiff's original complaint in its entirety. Accordingly, the amended complaint must contain all allegations against all Defendants. Piecemeal amendments are not accepted. 2) Clerk is directed to send Plaintiff a blank complaint form. 3) Plaintiff's Motions #9 #10 #11 #12 #13 #14 #15 #16 #17 #18 #19 #20 #21 #22 #23 #24 #25 are DENIED. Plaintiff is advised that discovery material is generally not filed with the Court and the Court does not keep "evidence on file." In addition, the Court does not yet have the authority to order officials at Pickneyville Correctional Center to take certain actions because Plaintiff has not stated a claim and defendants have not yet been served. See Fed. R. Civ. P. 65; Pacific Radiation Oncology, LLC v. Queen's Medical Ctr., 810 F.3d 631, 636 (9th Cir. 2015).(LN, ilcd) (Additional attachment(s) added on 2/13/2019: #1 Complaint) (LN, ilcd). [Transferred from Illinois Central on 10/1/2019.]
February 8, 2019	Filing 25 MOTION by Plaintiff Edward Abernathy. Responses due by 2/22/2019.(ED, ilcd) [Transferred from Illinois Central on 10/1/2019.]
February 7, 2019	Filing 24 MOTION by Plaintiff Edward Abernathy. Responses due by 2/21/2019. (LN, ilcd) [Transferred from Illinois Central on 10/1/2019.]
February 7, 2019	Filing 23 MOTION by Plaintiff Edward Abernathy. Responses due by 2/21/2019. (Attachments: #1 Envelope)(LN, ilcd) [Transferred from Illinois Central on 10/1/2019.]
February 1, 2019	Filing 22 MOTION by Plaintiff Edward Abernathy. Responses due by 2/15/2019 (KB, ilcd) [Transferred from Illinois Central on 10/1/2019.]
February 1, 2019	Filing 21 MOTION by Plaintiff Edward Abernathy. Responses due by 2/15/2019 (KB, ilcd) [Transferred from Illinois Central on 10/1/2019.]
February 1, 2019	Filing 20 MOTION by Plaintiff Edward Abernathy. Responses due by 2/15/2019 (KB, ilcd) [Transferred from Illinois Central on 10/1/2019.]
January 29, 2019	Filing 19 MOTION to add to file by Plaintiff Edward Abernathy. Responses due by 2/12/2019 (KB, ilcd) [Transferred from Illinois Central on 10/1/2019.]
January 18, 2019	Prisoner Initial Partial Filing Fee received 1/18/2019, in the amount of $46.32; receipt number 44626003406. (LN, ilcd) [Transferred from Illinois Central on 10/1/2019.]
January 15, 2019	Filing 18 MOTION to add additional discovery by Plaintiff Edward Abernathy. Responses due by 1/29/2019 (KB, ilcd) [Transferred from Illinois Central on 10/1/2019.]
January 10, 2019	Filing 17 MOTION to add by Plaintiff Edward Abernathy. Responses due by 1/24/2019. (Attachments: #1 exh, #2 exh)(KB, ilcd) [Transferred from Illinois Central on 10/1/2019.]
January 9, 2019	Filing 16 MOTION by Plaintiff Edward Abernathy. Responses due by 1/23/2019. (LN, ilcd) [Transferred from Illinois Central on 10/1/2019.]
December 28, 2018	Filing 15 MOTION by Plaintiff Edward Abernathy. Responses due by 1/11/2019 (LN, ilcd) [Transferred from Illinois Central on 10/1/2019.]
December 28, 2018	Filing 14 MOTION by Plaintiff Edward Abernathy. Responses due by 1/11/2019 (LN, ilcd) [Transferred from Illinois Central on 10/1/2019.]
December 26, 2018	Filing 13 MOTION by Plaintiff Edward Abernathy. Responses due by 1/11/2019.(LN, ilcd) [Transferred from Illinois Central on 10/1/2019.]
December 20, 2018	Filing 12 MOTION by Plaintiff Edward Abernathy. Responses due by 1/3/2019 (KB, ilcd) [Transferred from Illinois Central on 10/1/2019.]
December 20, 2018	Filing 11 MOTION by Plaintiff Edward Abernathy. Responses due by 1/3/2019 (KB, ilcd) [Transferred from Illinois Central on 10/1/2019.]
December 20, 2018	Filing 10 MOTION by Plaintiff Edward Abernathy. Responses due by 1/3/2019 (KB, ilcd) [Transferred from Illinois Central on 10/1/2019.]
December 20, 2018	Filing 9 MOTION additional discovery by Plaintiff Edward Abernathy. Responses due by 1/3/2019 (KB, ilcd) [Transferred from Illinois Central on 10/1/2019.]
December 13, 2018	Filing 8 Exhibits to #1 Complaint (envelope 1) by Edward Abernathy. (Attachments: #1 Exhibits cont'd) (envelope 2)) (KB, ilcd) [Transferred from Illinois Central on 10/1/2019.]
December 11, 2018	Filing 7 Exhibits by Edward Abernathy. (Attachments: #1 envelope)(ED, ilcd) [Transferred from Illinois Central on 10/1/2019.]
December 10, 2018	TEXT ORDER - Entered by Judge Sara Darrow on 12/10/2018 granting #4 Petition to Proceed In Forma Pauperis. Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $24.32. The agency having custody of Plaintiff is directed to forward the initial partial filing fee from Plaintiff`s account to the Clerk of Court. After payment of the initial partial filing fee (or immediately if no funds are available for that payment) the agency having custody of Plaintiff is directed to make monthly payments of 20 percent of the preceding month`s income credited to Plaintiff`s account to the Clerk of Court. Income includes all deposits from any source. The agency having custody of the plaintiff shall forward these payments each time Plaintiff`s account exceeds $10, until the filing fee of $350 is paid in full. The Clerk is directed to mail a copy of this order to Plaintiff`s place of confinement, to the attention of the Trust Fund Office. (LN, ilcd) [Transferred from Illinois Central on 10/1/2019.]
December 7, 2018	Filing 6 Letter and Exhibits to the Court from Plaintiff Abernathy (Attachments: #1 Exhibit, #2 Letter, #3 Letter) (LN, ilcd) (Additional attachment(s) added on 12/7/2018: #4 Envelope) (LN, ilcd). [Transferred from Illinois Central on 10/1/2019.]
December 7, 2018	Filing 5 +++ PRISONER TRUST FUND LEDGER. (LN, ilcd) [Transferred from Illinois Central on 10/1/2019.]
December 7, 2018	Filing 4 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Edward Abernathy.(LN, ilcd) [Transferred from Illinois Central on 10/1/2019.]
November 29, 2018	Filing 3 TEXT ORDER: Entered by Judge Sara Darrow on 11/29/2018. Plaintiff has filed a Complaint but has not paid the $400 filing fee nor filed a petition to proceed in forma pauperis. Within 21 days of the entry of this order, Plaintiff must pay the $400 filing fee in full or file a petition to proceed in forma pauperis with attached trust fund ledgers for the last 6 months. Failure to comply without good cause will result in dismissal of this case without prejudice, and the Plaintiff will still be responsible for payment of the filing fee. See 28 U.S.C. Sec. 1914. The Clerk is directed to send Plaintiff the forms for proceeding in forma pauperis. (LN, ilcd) [Transferred from Illinois Central on 10/1/2019.]
November 29, 2018	Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Sara Darrow. Effective immediately, all documents should be mailed or scanned to the Rock Island Division, 131 E 4th Street, Davenport, IA 52801.Merit Review Deadline set for 12/19/2018. (Attachments: #1 Notice Regarding Privacy Issues) (LN, ilcd) [Transferred from Illinois Central on 10/1/2019.]
November 29, 2018	Filing 1 COMPLAINT against Pinckneyville Medical Staff, filed by Edward Abernathy. (Attachments: #1 Exhibit) (LN, ilcd) [Transferred from Illinois Central on 10/1/2019.]

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Search for this case: Abernathy v. Myers, et al.
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Defendant: Percy Myers
Represented By:	Joseph N. Rupcich
Represented By:	Rachael N Hayes
Represented By:	Timothy P. Dugan
Represented By:	Michael DeWayne Griffith
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Defendant: Pinckneyville Medical Staff
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Defendant: Christine Brown
Represented By:	Kathryn Boyle
Represented By:	Areda Johnson
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Plaintiff: Edward Abernathy
Represented By:	Leslie G. Offergeld
Represented By:	Mitchell P. Hedrick
Represented By:	Stephen J. Moore
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