Osborne v. Williamson County Jail et al
| James Osborne |
| Nurse, Williamson County Jail, Nurse Reynolds and Chief Ferrell |
| 3:2020cv01126 |
| October 26, 2020 |
| US District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 13, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 22
ORDER DENYING #20 Motion for Temporary Restraining Order (TRO) and #21 Motion for Lien. Plaintiff seeks a TRO against Nurse Reynolds and a lien against her bank accounts. He also seeks blood pressure, pain, and possibly other medications prescribed by an outside physician. As the Court previously explained (see Doc. 19), Plaintiff must establish the following to obtain interim injunctive relief: (1) that there is a reasonable likelihood that he would succeed on the merits of his claim(s); (2) that there is no adequate remedy at law; (3) that absent an injunction, he will suffer irreparable harm; (4) that the irreparable harm suffered by plaintiff in the absence of the injunctive relief will outweigh the irreparable harm that defendants will endure were the injunction granted; and (5) that the public interest would be served by an injunction. Teamsters Local Unions Nos. 75 and 200 v. Barry Trucking, 176 F.3d 1004, 1011 (7th Cir. 1999). Plaintiff offers no reason for seeking a TRO (or lien) against Nurse Reynolds. Although the Court presumes he seeks certain blood pressure and pain medication that the nurse has not yet given him, Plaintiff does not actually state this. He offers absolutely no reason for his requests. The Court will not grant either drastic form of relief absent any stated reason. Both motions are denied. Before filing another motion, Plaintiff should first make every effort to obtain the medications without the court's intervention. He should ask jail and medical staff to outline the steps he must take to secure this medication; then, he should take each of those steps to obtain his medication. Signed by Judge J. Phil Gilbert on 12/23/2020. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 21 MOTION for Lein Against Nurse Reynolds by James Osborne. (jaj) |
| Filing 20 MOTION for Restraining Order by James Osborne. (amv) |
|
Filing 19
ORDER DENYING #18 Motion for Prescriptions. Plaintiff seeks a court order requiring the defendants to provide him with seven different prescription medications. He states that Walmart and two outside medical providers have the orders for these prescriptions. To obtain interim relief in the form of a temporary restraining order or preliminary injunction under Fed. R. Civ. P. 65(a) or (b), Plaintiff must establish: (1) that there is a reasonable or substantial likelihood that he would succeed on the merits of his claim(s); (2) that there is no adequate remedy at law; (3) that absent an injunction, he will suffer irreparable harm; (4) that the irreparable harm suffered by plaintiff in the absence of the injunctive relief will outweigh the irreparable harm that defendants will endure were the injunction granted; and (5) that the public interest would be served by an injunction. Teamsters Local Unions Nos. 75 and 200 v. Barry Trucking, 176 F.3d 1004, 1011 (7th Cir. 1999). Plaintiff has not addressed any of these factors in his motion. He has also failed to provide enough information to warrant the issuance of a sweeping order requiring the defendants to give him the medication he seeks. Plaintiff's Complaint and First Amended Complaint do not even refer to all seven medications, and Plaintiff does not explain when/why he received each prescription in the first place. He fails to support the motion with documented evidence that he requires each prescription medication at this time. Moreover, Plaintiff has not described what, if any, steps he/his family has taken to secure copies of the orders for his prescriptions, to request these prescriptions from family and jail staff, or describe each defendant's response to said requests. The motion is therefore denied without prejudice. Signed by Judge J. Phil Gilbert on 12/18/2020. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 18 MOTION for prescriptions by James Osborne. (amv) |
| Filing 17 REQUEST FOR WAIVER of Service sent to Ferrell and Osborne on 12/3/2020. Waiver of Service due by 1/4/2021. (tjk) |
| Filing 16 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (amv) |
|
Filing 15
HIPAA Qualified Protective Order. Signed by Judge J. Phil Gilbert on 12/1/2020. (jaj)
|
|
Filing 14
ORDER FOR SERVICE OF PROCESS on NURSE REYNOLDS (individual capacity only) and CHIEF FERRELL (official capacity only). The #11 First Amended Complaint survives screening under 28 U.S.C. 1915A. COUNT 1 will proceed against Defendant REYNOLDS in her individual capacity and is DISMISSED without prejudice against Defendant FERRELL in his individual capacity. Defendant FERRELL shall remain named as a defendant in his official capacity only and shall be responsible for implementing any injunctive relief that is ordered in this case. The Clerk's Office is DIRECTED to ENTER the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. Signed by Judge J. Phil Gilbert on 12/1/2020. (jsy)
|
|
Filing 13
ORDER re #11 First Amended Complaint. In his request for relief, Plaintiff seeks an order that he receive his medications immediately. (Doc. 11, p. 5). Plaintiff did not file a separate motion in support of the request, however, and he did not set forth the reasons he is entitled to this relief under Rule 65(a) or (b) of the Federal Rules of Civil Procedure. If Plaintiff wishes to pursue the request, he must file a separate motion for temporary restraining order and/or preliminary injunction by December 22, 2020. Failure to do so will result in denial of the request without prejudice. Signed by Judge J. Phil Gilbert on 11/24/2020. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 12 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (tjk) |
| Filing 11 FIRST AMENDED COMPLAINT against Ferrell, Nurse Reynolds, filed by James Osborne.(tjk) |
| Filing 10 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 11/23/2020 (jaj) |
|
Filing 9
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #3 ). Plaintiff has been without funds for six months, he is currently without funds, and he appears to have no means currently with which to pay an initial partial filing fee. Accordingly, the Court will not assess an initial partial filing fee. See 28 U.S.C. Section 1915(b)(4). 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 Williamson County Jail upon entry of this Order. Signed by Judge J. Phil Gilbert on 11/16/2020. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 8 Prisoner Trust Fund Account Statement by James Osborne. (amv) |
| Set Deadlines: Amended Pleadings due by 11/25/2020. (jlrr) |
|
Filing 7
ORDER DISMISSING #1 Complaint and DENYING #2 Motion for Recruitment of Counsel. The Complaint (including COUNT 1) is DISMISSED without prejudice for failure to state a claim for relief against both defendants. Plaintiff is GRANTED leave to file a "First Amended Complaint" on or before November 25, 2020. Should Plaintiff fail to do so within the allotted time or consistent with the instructions set forth in this Order, the entire case shall be dismissed with prejudice. FED. R. CIV. P. 41(b). The dismissal shall also count as one of Plaintiff's three allotted "strikes" under 28 U.S.C. 1915(g). Signed by Judge J. Phil Gilbert on 10/28/2020. (jsy)
|
|
Filing 6
ORDER: Plaintiff has filed a Motion for Leave to Proceed in Forma Pauperis ("IFP") in this case (see Doc. #3 ), 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 4/1/2020 to 10/26/2020 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 Williamson County Jail. (Trust Fund Statement due on or before 12/14/2020). Signed by Judge J. Phil Gilbert on 10/28/2020. (tjk)
|
|
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 20-1126-JPG. 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 J. Phil Gilbert on 10/26/2020. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| 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 10/26/2020. Consent due by 11/16/2020 (jaj) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by James Osborne. (jaj) |
| Filing 2 MOTION for Recruitment of Counsel by James Osborne. (jaj) |
| Filing 1 COMPLAINT against All Defendants filed by James Osborne.(jaj) |
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.
