Koch v. Debroha et al
| Christopher Roy Koch |
| Jane Doe, Sgt. Scott, Sgt. Moore, Wexford Medical, Officer Knyff, Dr. Larson, Officer Germaine and Nurse Debroha |
| 3:2020cv00700 |
| July 17, 2020 |
| US District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Staci M Yandle |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 3, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 39 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Peek, Kevin) |
| Filing 38 NOTICE FROM CLERK Instructing Officer Germaine, Officer Knyff, Sgt. Moore, and Sgt. Scott 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 Officer Germaine, Officer Knyff, Sgt. Moore, and Sgt. Scott on 9/3/2020. Consent due by 9/24/2020 (kek) |
| Filing 37 DEMAND for Trial by Jury by Officer Germaine, Officer Knyff, Sgt. Moore, Sgt. Scott. (Hunter, Thomas) |
| Filing 36 WAIVER OF SERVICE Returned Executed by Officer Germaine. (Hunter, Thomas) |
| Filing 35 WAIVER OF SERVICE Returned Executed by Sgt. Moore. (Hunter, Thomas) |
| Filing 34 WAIVER OF SERVICE Returned Executed by Officer Knyff. (Hunter, Thomas) |
| Filing 33 WAIVER OF SERVICE Returned Executed by Sgt. Scott. (Hunter, Thomas) |
| Filing 32 NOTICE of Appearance by Thomas J Hunter on behalf of Officer Germaine, Officer Knyff, Sgt. Moore, Sgt. Scott (Hunter, Thomas) |
| Filing 31 NOTICE FROM CLERK Instructing Nurse Debroha and Dr. Larson 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 Nurse Debroha and Dr. Larson on 8/28/2020. Consent due by 9/18/2020 (kek) |
| Filing 30 NOTICE of Appearance by Zachary Tyler Shelton on behalf of Christopher Roy Koch (Shelton, Zachary) |
| Filing 29 NOTICE of Appearance by Thomas P. Rosenfeld on behalf of Christopher Roy Koch (Rosenfeld, Thomas) |
| Filing 28 ANSWER to #1 Complaint by Nurse Debroha.(Peek, Kevin) |
| Filing 27 ANSWER to #1 Complaint by Dr. Larson.(Peek, Kevin) |
| Filing 26 DEMAND for Trial by Jury by Nurse Debroha, Dr. Larson. (Peek, Kevin) |
| Filing 25 NOTICE of Appearance by Dennis S. Harms on behalf of Nurse Debroha, Dr. Larson (Harms, Dennis) |
| Filing 24 NOTICE of Appearance by Kevin K. Peek on behalf of Nurse Debroha, Dr. Larson (Peek, Kevin) |
Filing 23
ORDER DISMISSING #22 Motion for Miscellaneous Relief filed by Christopher Koch. Now that Plaintiff has been assigned counsel to represent him in this matter, he may not personally file any more documents with the Court. Plaintiff should direct further questions about litigation of this matter to his attorney. The attorney's deadline for filing a Notice of Appearance is currently September 4, 2020, so Plaintiff should give his attorney time to appear in this matter, review the file, and contact him. Signed by Judge J. Phil Gilbert on 8/25/2020. (jsy)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 22 MOTION Addressing the Court by Christopher Roy Koch. (jsm2) |
|
Filing 21
ORDER DISMISSING #20 Motion Addressing the Court by Christopher Roy Koch. Now that counsel has been assigned, Plaintiff shall not personally file anything in this case. If he seeks reconsideration of the #10 screening order, including reinstatement, expansion, or addition of a claim, Plaintiff's counsel may file the motion on his behalf. Alternatively, Plaintiff's counsel may amend the complaint by the deadline that will be set in the scheduling order entered in this case after all defendants answer. Signed by Judge J. Phil Gilbert on 8/24/2020. (jsy)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 20 MOTION Addressing the Court by Christopher Roy Koch. (jsm2) |
| Filing 19 WAIVER OF SERVICE Returned Executed Nurse Debroha waiver sent on 8/4/2020, answer due 10/5/2020. (jsm2) |
|
Filing 18
ORDER GRANTING #17 Plaintiff's Second Motion for Appointment of Counsel. In accordance with 28 U.S.C. 1915(e)(1) and Local Rule(s) 83.1(i) and 83.9(b), attorney Thomas P. Rosenfeld of Goldenberg Heller & Antognoli, P.C. Edwardsville, Illinois, is ASSIGNED to represent Plaintiff in this civil rights case. On or before September 4, 2020, assigned counsel shall enter his appearance. The Clerk of Court is DIRECTED to transmit this Order and copies of the docket sheet and Docs. 1 and 10 to attorney Rosenfeld. Signed by Judge J. Phil Gilbert on 8/21/2020. (jsy)
|
| Filing 17 MOTION for Appointment of Counsel by Christopher Roy Koch. (jsm2) |
| Filing 16 WAIVER OF SERVICE Returned Executed Officer Germaine waiver sent on 8/4/2020, answer due 10/5/2020; Officer Knyff waiver sent on 8/4/2020, answer due 10/5/2020; Sgt. Moore waiver sent on 8/4/2020, answer due 10/5/2020; Sgt. Scott waiver sent on 8/4/2020, answer due 10/5/2020. (tjk) |
| Filing 15 WAIVER OF SERVICE Returned Executed Dr. Larson waiver sent on 8/4/2020, answer due 10/5/2020. (tjk) |
|
Filing 14
ORDER DENYING #13 Motion to Appoint Counsel. See Pruitt v. Mote, 503 F.3d 647, 654 (7th Cir. 2007) (articulating factors district court should consider when presented with a request for counsel by a pro se litigant). Although Plaintiff points to some efforts to contact counsel, he has not demonstrated that he is unable to litigate this matter without an attorney. His claims survived screening and are subject to further review. Moreover, Plaintiff points to no impediments to self-representation, besides his lack of familiarity with the law. The Court cannot find, at this early stage, that he requires counsel to assist him, given his coherent and timely pleadings and his demonstrated ability to litigate this matter with competence to date. Accordingly, the Motion is DENIED without prejudice. Signed by Judge J. Phil Gilbert on 8/11/2020. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 13 MOTION to Appoint Counsel by Christopher Roy Koch. (jaj) |
|
Filing 12
HIPAA Qualified Protective Order. Signed by Judge J. Phil Gilbert on 8/4/2020. (kek)
|
| Filing 11 REQUEST FOR WAIVER of Service sent to DEBROHA, SCOTT, KNYFF, MOORE, GERMAINE, LARSON on 8/4/2020. Waiver of Service due by 9/3/2020. (tjk) |
|
Filing 10
ORDER FOR SERVICE OF PROCESS on Defendants DEBROHA, SCOTT, KNYFF, MOORE, GERMAINE, LARSON, and (once identified) JANE DOE. The #1 Complaint survives screening under 28 U.S.C. 1915A, as follows: COUNT 1 against DEBROHA, JANE DOE, SCOTT, and KNYFF; COUNTS 2 and 3 against KNYFF; COUNT 4 against MOORE and GERMAINE; and COUNT 6 against LARSON. COUNT 1 against WEXFORD MEDICAL is DISMISSED without prejudice, and COUNT 5 against MOORE and GERMAINE is DISMISSED with prejudice. The Clerk's Office is DIRECTED to TERMINATE Defendant WEXFORD MEDICAL as a party in CM/ECF and ENTER the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. Signed by Judge J. Phil Gilbert on 8/3/2020. (jsy)
|
|
Filing 9
ORDER DISMISSING #3 Motion Addressing Court. There, Plaintiff explains that he requested voluntary dismissal of severed case no. 20-cv-628-JPG and immediately re-filed the action as case no. 20-cv-700-JPG to avoid any argument that he failed to exhaust his administrative remedies and to avoid running afoul of the statute of limitations on his claim(s). Plaintiff does not need to submit any explanation to the Court and should refrain from the practice of filing "motions addressing court." The decision to dismiss and/or re-file this suit is his to make. This action is considered filed as of July 17, 2020. Signed by Judge J. Phil Gilbert on 7/27/2020. (jsy)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
|
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 $15.35. 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 send a copy of this Order to the Trust Fund Officer at the Ste. Genevieve Detention Center upon entry of this Order. Signed by Judge J. Phil Gilbert on 7/23/2020. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 7 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jsm2) |
|
Filing 6
ORDER REASSIGNING CASE. In accordance with Administrative Order No. 188, this case is reassigned to Judge J. Phil Gilbert for all further proceedings. Judge Staci M. Yandle no longer assigned to case. All future documents should reference Case Number 20-cv-700-JPG. Signed by Judge Staci M. Yandle. (jsm2)
|
| 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 07/17/2020. Consent due by 8/7/2020. (jsm2) |
|
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-cv-700-SMY. 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 Judge Staci M. Yandle on 7/17/2020. (jsm2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 3 MOTION Addressing the Court by Christopher Roy Koch. (jsm2) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Christopher Roy Koch. (jsm2) |
| Filing 1 COMPLAINT against All Defendants, filed by Christopher Roy Koch. (Attachments: #1 Env.).(jsm2) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
