Ruffin v. Ahmed et al
| Mwamba M. Ruffin |
| Dr. Ritz, John Baldwin, Wexford Health Sources, Inc., Faiyaz Ahmed and Vipin K. Shah |
| 3:2019cv01270 |
| November 19, 2019 |
| US District Court for the Southern District of Illinois |
| East St. Louis Office |
| Nancy J Rosenstengel |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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Filing 22
NOTICE of Appearance by Carla G. Tolbert on behalf of John Baldwin (Tolbert, Carla)
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Filing 21
WAIVER OF SERVICE Returned Executed Dr. Ritz waiver sent on 1/13/2020, answer due 3/13/2020. (tjk)
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Filing 20
WAIVER OF SERVICE Returned Executed Wexford Health Sources, Inc. waiver sent on 1/13/2020, answer due 3/13/2020. (tjk)
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Filing 19
WAIVER OF SERVICE Returned Executed John Baldwin waiver sent on 1/13/2020, answer due 3/13/2020. (tjk)
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Filing 18
REQUEST FOR WAIVER of Service sent to Ritz, Shah, and Wexford on 1/13/2020. Waiver of Service due by 2/12/2020. (tjk)
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Filing 17
REQUEST FOR WAIVER of Service sent to Ahmed on 1/13/2020. Waiver of Service due by 2/12/2020. (tjk)
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Filing 16
REQUEST FOR WAIVER of Service sent to Baldwin on 1/13/2020. Waiver of Service due by 2/12/2020. (tjk)
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Filing 15
ORDER: Plaintiff has opted to proceed with this action and is obligated to pay the $350.00 filing fee. Plaintiff is granted leave to proceed in forma pauperis based on his application in the original case, 19-cv-896-SMY. Pursuant to 28 U.S.C. 1915(b)(1), and based on Plaintiff's previously submitted trust fund records for the six months immediately prior to the date the original case was filed, Plaintiff is assessed an initial partial filing fee of $26.22. 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. 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 and a copy of the Order at Doc. #14 to the Trust Fund Officer at Big Muddy River Correctional Center. Signed by Chief Judge Nancy J. Rosenstengel on 1/13/2020. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 14
ORDER REOPENING CASE, Order for Service of Process upon Faiyez Ahmed, Dr. Ritz, Vipin K. Shah, Wexford Health Sources, Inc., and John Baldwin, GRANTING #13 MOTION for Reconsideration, DENYING #4 motion for counsel. The Clerk is DIRECTED to REINSTATE #3 motion for leave to proceed in forma pauperis. Order Dismissing Case 9 and Judgment #12 are VACATED. Signed by Chief Judge Nancy J. Rosenstengel on 1/10/2020. (anp)
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Filing 13
MOTION for Reconsideration re #12 Clerk's Judgment, and 9 Order Dismissing Case by Mwamba M. Ruffin. (jsm2)
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Filing 12
VACATED PER DOC. 14 - CLERK'S JUDGMENT. Approved by Chief Judge Nancy J. Rosenstengel on 1/2/2020. (tjk) Modified on 1/13/2020 (jsm2).
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Filing 11
NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #10 Clerk's Judgment. Incorrect document attached. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 10
ENTRY STRICKEN: CLERK'S JUDGMENT. Approved by Chief Judge Nancy J. Rosenstengel on 1/2/2020. (tjk) Modified on 1/3/2020 (tjk).
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Filing 9
VACATED PER DOC. 14 - ORDER DISMISSING CASE: Plaintiff was ordered to affirmatively notify the Court whether he wanted to proceed with this case or voluntarily dismiss it (Doc. 5). Plaintiff was also warned that his failure to respond would result in this case being dismissed without prejudice (Doc. 5). The deadline for responding has expired and the Court has not heard from Plaintiff. Consequently, this case is DISMISSED without prejudice pursuant to Federal Rule of Civil Procedure 41(b) for failure to follow an order of the Court and failure to prosecute. The Clerk of Court is DIRECTED to enter judgment accordingly. Furthermore, despite the dismissal, Plaintiff remains obligated to pay the full filing fee. Pursuant to 28 U.S.C. 1915(b)(1), and based on Plaintiff's previously submitted trust fund records for the six months immediately prior to the date the original case was filed, Plaintiff is assessed an initial partial filing fee of $26.22. 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. 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 Big Muddy River Correctional Center upon entry of this Order. Signed by Chief Judge Nancy J. Rosenstengel on 1/2/2020. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. Modified on 1/13/2020 (jsm2).
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Filing 8
Notice of Declination to Consent: A party to this action has declined to consent to magistrate judge jurisdiction. Accordingly, pursuant to Administrative Order 257, this case shall REMAIN with Chief Judge Nancy J. Rosenstengel. (jsm2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 7
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jsm2)
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Filing 6
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)
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Filing 5
ORDER: On November 19, 2019, this case was severed from Ruffin v. Trotter, et al, SDIL Case No. 19-cv-896-SMY. Plaintiff should be aware of the consequences of proceeding with this action. First, the Court will screen the action pursuant to 28 U.S.C. 1915A, and Plaintiff will incur a strike within the meaning of section 1915(g) if the Court determines that the action is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief. Second, Plaintiff will be required to pay an additional $350.00 filing fee in this case. Of course, Plaintiff can also opt not to proceed with this action by voluntarily dismissing it, thereby avoiding the risk of a strike and the financial burden of an additional filing fee. Plaintiff should carefully consider these points, along with the merits and relative importance of this lawsuit, in deciding whether to proceed with it. Plaintiff shall have until December 26, 2019 to advise the Court in writing whether he wishes to proceed with this lawsuit. If he chooses to go forward, the Court will assess an initial partial filing fee (if appropriate) and screen the complaint. On the other hand, if Plaintiff opts to voluntarily dismiss the case by the deadline, he will not have to pay a filing fee, the Court will not screen the complaint, and the case will be dismissed without prejudice. Plaintiff is WARNED that if he fails to respond to this Order by the deadline, he will be obligated to pay the full filing fee and this action will be dismissed for want of prosecution and/or for failure to comply with a court order. (Action due by 12/26/2019). Signed by Chief Judge Nancy J. Rosenstengel on 11/19/2019. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 4
MOTION for Recruitment of Counsel by Mwamba M. Ruffin. (tjk)
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Filing 3
MOTION for Leave to Proceed in forma pauperis by Mwamba M. Ruffin. (tjk)
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Filing 2
COMPLAINT against Faiyaz Ahmed, John Baldwin, Dr. Ritz, Vipin K. Shah, Wexford Health Sources, Inc., filed by Mwamba M. Ruffin.(tjk)
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Filing 1
MEMORANDUM AND ORDER severing case number 19-896-SMY. Signed by Judge Staci M. Yandle on 11/18/2019. (tjk)
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