Joyner v. Wexford Health Sources, Inc. et al
| Robert Joyner |
| Benerio Santos, John Baldwin, Wexford Health Sources, Inc., Debbie Knauer, Kym Johnston, Lana Nalewaja, Patty Sneed, Sarah Johnson, Dr. David, Ann Lahr and Susan Walker |
| 3:2020cv00079 |
| January 17, 2020 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing 11
ORDER: Plaintiff has confirmed that this case is duplicative of Joyner v. Wexford Health Sources, Inc., Case no. 20-cv-54-NJR (Doc. #10 ). Accordingly, the Clerk of the Court is DIRECTED to ADMINISTRATIVELY CLOSE this case. No filing fee or strike is assessed for this action. IT IS ORDERED that the $10.00 initial partial filing fee that was received in this case on February 11, 2020 shall be applied to the $350.00 filing fee in Case no. 20-cv-54-NJR. Signed by Chief Judge Nancy J. Rosenstengel on 2/24/2020. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 10 RESPONSE to 9 Order filed by Robert Joyner. (jaj) |
| Set/Reset Deadlines: Action due by 3/6/2020. (jsm2) |
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Filing 9
ORDER re #1 Complaint. This case appears to be duplicative of another case that is pending in this District. See Joyner v. Wexford Health Sources, Inc., Case no. 20-cv-54-NJR (S.D. Ill. filed Jan. 14, 2020) (original case). A comparison of the Complaint (Doc. 1) filed in this case on Jan. 17, 2020, reveals that both involve the same individuals, same set of facts, and the same claims (deliberate indifference to his medical needs under the Eighth Amendment). Before this Court screens the Complaint (Doc. 1) in this case, it must determine whether Plaintiff even intended to pursue this separate action rather than amend his Complaint in the original case. Plaintiff is hereby ORDERED to advise the Court, in writing in this case (Case No. 20-cv-79-NJR), on or before March 6, 2020 whether he intends to pursue this action. If he timely advises the Court that this case is duplicative of the original case, the Court will close this case without assessing a filing fee for this matter; he will then proceed with his claims in the original action, as though this case was never opened. If he instead decides to pursue this separate action, Plaintiff remains obligated to pay the filings fee in this case (he has recently been granted pauper status and ordered to pay an initial filing fee); this is in addition to any filing fee obligation he already incurred in the original action. Failure to timely respond to this Order may result in the dismissal of this action with the assessment of a filing fee. See Fed. R. Civ. P. 41(b). Preliminary review of the Complaint (Doc. 1) is DEFERRED until Plaintiff confirms his intent to proceed with this case in writing. Signed by Chief Judge Nancy J. Rosenstengel on 2/14/2020. (anp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 8 NOTICE: Robert Joyner was directed to file the attached form regarding consenting or declining to consent to magistrate judge jurisdiction. The time for doing so has now passed, and the Court has not received the form. As required by Administrative Order No. 257, Robert Joyner shall return the form within 7 days or face possible sanctions. Consent due by 2/19/2020 (tba) |
| Filing 7 Initial Prisoner Filing Fee of $ 10.00 received, receipt number 34625099374 (ack) |
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Filing 6
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 $29.17. 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 Centralia Correctional Center upon entry of this Order. Signed by Chief Judge Nancy J. Rosenstengel on 1/27/2020. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 5 NOTICE FROM CLERK Instructing Plaintiff to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 257, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Plaintiff on 1/21/2020. Consent due by 2/11/2020 (jaj) |
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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 20-79-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. 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 1/21/2020. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 3 MOTION for Recruitment of Counsel by Robert Joyner. (jaj) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Robert Joyner. (jaj) |
| Filing 1 COMPLAINT against All Defendants filed by Robert Joyner.(jaj) |
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