Kocher v. Myers et al
Plaintiff: Brian Kocher
Defendant: John R. Baldwin, Perry Myers, Christine Brown, Wexford Health Sources, Inc., John/Jane Does, Rob Jeffreys and Scott Thompson
Case Number: 3:2019cv01204
Filed: November 4, 2019
Court: US District Court for the Southern District of Illinois
Presiding Judge: Nancy J Rosenstengel
Nature of Suit: Prison Condition
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 9, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 19, 2019 Filing 10 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jsm2)
December 2, 2019 Opinion or Order Filing 9 ORDER: Pursuant to Administrative Order 257, this case has been selected for reassignment to a Magistrate Judge. Within 21 days of this Order, any party not previously having filed a Notice and Consent to Proceed before a Magistrate Judge Jurisdiction form in this case must file the attached form indicating that party's consent to proceed before a Magistrate Judge or an affirmative declination to consent. The 21-day deadline set forth in this Order does not apply to unserved parties. Deadlines for newly served parties to consent or decline to consent to proceed before a Magistrate Judge will be set by the Court at a later date. Consent due by 12/23/2019. Signed by Chief Judge Nancy J. Rosenstengel on 12/2/2019. (Attachments: #1 Administrative Order)(dkd)
November 21, 2019 Initial Prisoner Filing Fee: $ 2.00 received, receipt number 34625097678 (cds)
November 13, 2019 Opinion or Order Filing 8 ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #2 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $53.44. 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 Pinckneyville Correctional Center upon entry of this Order. Signed by Chief Judge Nancy J. Rosenstengel on 11/13/2019. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
November 12, 2019 Filing 7 Prisoner Trust Fund Account Statement. (jaj)
November 6, 2019 Opinion or Order Filing 6 ORDER: Plaintiff has filed a Motion for Leave to Proceed in Forma Pauperis ("IFP") in this case (see Doc. #2 ), 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 5/1/2019 to 11/4/2019 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 Pinckneyville Correctional Center. (Trust Fund Statement due on or before 12/23/2019). Signed by Chief Judge Nancy J. Rosenstengel on 11/6/2019. (tjk)
November 5, 2019 Opinion or Order Filing 5 ORDER DENYING Plaintiff's request for a preliminary injunction. (Doc. #1 , pp. 12-13). In the Complaint, Plaintiff seeks a preliminary injunction removing him from Pinckneyville Correctional Center and ordering Defendants to provide him constitutionally adequate healthcare for his epilepsy. Id. "A plaintiff seeking a preliminary injunction must establish that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the public interest." Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 20 (2008) (citations omitted). Here, not only has Plaintiff not filed a separate motion for his preliminary injunction pursuant to Federal Rules of Civil Procedure 7 and 65, but he has failed to show that he will suffer irreparable harm absent injunctive relief warranting a preliminary injunction. In the Complaint, he states that he was denied medical treatment for his seizures for over 11 months from July 2018 to June 2019. During that time, he made numerous attempts to notify Defendants regarding his need of medication to treat his epilepsy, but was ignored, and had two seizures. He started receiving medication to treat his seizures on June 23, 2019. (Doc. #1 , p. 7). He does not state, however, that he is currently being denied his medication or treatment. He claims he will continue to be irreparably injured unless the Court grants the relief he seeks, but does not state what that harm is or why immediate relief is warranted. The Supreme Court has held that "[i]ssuing a preliminary injunction based only on a possibility of irreparable harm is inconsistent with our characterization of injunctive relief as an extraordinary remedy," Winter, 555 U.S. at 22 (citation omitted), and so the request for a preliminary injunction is DENIED without prejudice. Plaintiff is free to file a separate motion seeking a temporary restraining order or preliminary injunction under Rule 65 at any time while this action is pending, if it becomes necessary to do so. Signed by Chief Judge Nancy J. Rosenstengel on 11/5/2019. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
November 4, 2019 Opinion or Order 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 19-1204-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 11/4/2019. (jaj)
November 4, 2019 Filing 3 MOTION to Appoint Counsel by Brian Kocher. (jaj)
November 4, 2019 Filing 2 MOTION for Leave to Proceed in forma pauperis by Brian Kocher. (jaj)
November 4, 2019 Filing 1 COMPLAINT against All Defendants filed by Brian Kocher. (Attachments: #1 Exhibits)(jaj)

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Defendant: John R. Baldwin
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Defendant: Perry Myers
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Defendant: Christine Brown
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Defendant: Wexford Health Sources, Inc.
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Defendant: John/Jane Does
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Defendant: Rob Jeffreys
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Defendant: Scott Thompson
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Plaintiff: Brian Kocher
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