Stewart v. Jeffreys et al
| Frederick Stewart |
| Deanna M. Brookhart, Nurse Thurmond, Nurse Amy, Nurse Practitioner Lurking, Rob Jeffreys, C/O Greentree, Office Coordinator Bice, C/O Nebaretty, C/O Hollis, Wexford Inc., Nurse Welty, C/O Tye, Nurse Mattox, Darren Williams, C/O Masterwell, Nurse Seed, C/O Jordan, Nurse Ferguson, John Doe 3, Pamela Ward, Travis Bayler, C/O Harmon, Jane Doe 1, Dr. Shaw, Nurse Practitioner Stover, Lt. Dixon, Laura Cunningham, Jane Doe 2, John Doe 2, L. Livingston, Nurse Frye, John Doe 1, D. Parrot, Wexford Health Source Inc., Nurse Ward, Nurse Swinson and Deanna Brookhart |
| 3:2020cv01082 |
| October 13, 2020 |
| US District Court for the Southern District of Illinois |
| Staci M Yandle |
| Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Filing 15 NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 257, this case will remain with the assigned District Judge Staci M. Yandle.. This Notice does not alter any prior referrals of motions or matters pursuant to 28 U.S.C. Sec. 636(b)(1-3). (kdw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 14 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kdw) |
Filing 13
ORDER. Plaintiff filed a letter with the Court (Doc. #12 ) complaining about the dismissal of his Complaint (Doc. #8 ) and stating he does not have copies of his documents to assist him with preparation of an Amended Complaint. Nonetheless, Plaintiff filed an Amended Complaint. The Amended Complaint is subject to review under 28 U.S.C. 1915A(a) and a cursory reading shows it to be deficient. The Clerk of Court is DIRECTED to send Plaintiff copies of Documents #1 , #8 , and #11 and a civil rights Complaint form. If Plaintiff would like an opportunity to file another Amended Complaint after receiving those documents, he should notify the Court within 7 days. Otherwise, the Court will review the Amended Complaint on file, which may result in a dismissal due to obvious deficiencies. It is not clear what relief Plaintiff seeks in the letter he filed and, therefore, any relief requested is DENIED. Signed by Judge Staci M. Yandle on 11/23/2020. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 12 MOTION for status and Notice of Change of Address to Stateville CC by Frederick Stewart. (jaj) |
| Filing 11 AMENDED COMPLAINT against Deanna Brookhart, Dr. Shaw, Nurse Swinson, Nurse Thurmond, Nurse Ward, Wexford Health Source Inc., filed by Frederick Stewart.(jaj) |
| Docket Annotation - Scanning Lawrence terminated and Scanning Stateville added for receipt of electronic transmissions. (jaj) |
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Filing 10
ORDER TO SHOW CAUSE: Consistent with Administrative Order No. 257, Stewart was previously directed to file the attached form indicating consent to proceed before the Magistrate Judge or an affirmative declination to consent. The time for doing so has long passed, and in spite of a warning and additional time to do so, said party continues to ignore the Court's directive by not returning the form. Thus, Stewart is ordered to SHOW CAUSE why sanctions should not be imposed for failure to file the attached form as is required under Administrative Order No. 257. Show Cause Response re Consent due by 12/3/2020. Signed by Judge Staci M. Yandle on 11/19/2020. (tjk)
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| Filing fee: $ 78.55, receipt number 34625104928 (ack) |
| Filing 9 NOTICE: Plaintiff 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, Plaintiff shall return the form within 7 days or face possible sanctions. The Clerk notes that due to the COVID-19 public health crisis, deadlines that were pending on or before April 1, 2020 were extended in accord with Administrative Order No. 261 and/or Amended Administrative Order No. 261. This automated notice does not take into account any such extensions. If, after the expiration of the 7-day deadline set forth herein, the Court chooses to take further action, all applicable deadline extensions will be considered at that time. Consent due by 11/12/2020 (jaj) |
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Filing 8
ORDER. Plaintiff's Complaint is DISMISSED without prejudice. Plaintiff is GRANTED leave to file a First Amended Complaint on or before NOVEMBER 30, 2020. The First Amended Complaint will be subject to review pursuant to 28 U.S.C. 1915A. If Plaintiff fails to file his First Amended Complaint within the allotted time or consistent with the instructions set forth in this Order, the case will be dismissed with prejudice for failure to comply with a court order and/or for failure to prosecute his claims. The dismissal will count as one of Plaintiff's three allotted "strikes" under 28 U.S.C. 1915(g). Signed by Judge Staci M. Yandle on 10/30/2020. (ksp)
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Filing 7
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 $78.55. 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 Lawrence Correctional Center upon entry of this Order. Signed by Judge Staci M. Yandle on 10/19/2020. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 6
ORDER. Plaintiff's Motion for Recruitment of Counsel (Doc. #3 ) is DENIED. The Court generally will not consider recruiting counsel for a pro se plaintiff until the Court conducts a preliminary review of the Complaint under 28 U.S.C. 1915A, which requires the Court to screen prisoner Complaints to filter out nonmeritorious claims. 28 U.S.C. 1915A(a). Civil litigants do not have a constitutional or statutory right to counsel. Pruitt v. Mote, 503 F.3d 647, 649 (7th Cir. 2007). A district court considering an indigent plaintiff's request for counsel must first consider whether the plaintiff has made reasonable attempts to secure counsel on his own or been effectively precluded from doing so; and, if so, whether the difficulty of the case factually and legally exceeds his capacity as a layperson to present it. Id. at 654-655. Neither of these requirements is satisfied. Plaintiff has not demonstrated reasonable efforts to locate counsel on his own, and he identifies no significant impediments to self-representation. If Plaintiff's Complaint survives Section 1915A review, he may renew his request for counsel, attaching rejection letters from at least 3 attorneys, to demonstrate that he has made reasonable efforts to obtain counsel on his own. Signed by Judge Staci M. Yandle on 10/14/2020. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 5
NOTICE AND ORDER: The Court has received your complaint and your motion to proceed without prepayment of the filing fee. Your case number is 20-1082-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 10/13/2020. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 4 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 10/13/2020. Consent due by 11/3/2020 (jaj) |
| Filing 3 MOTION for Recruitment of Counsel by Frederick Stewart. (jaj) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Frederick Stewart. (jaj) |
| Filing 1 COMPLAINT against All Defendants filed by Frederick Stewart. (Attachments: #1 Exhibits part 1, #2 Exhibits part 2, #3 Exhibits part 3)(jaj) |
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