Curry v. Butler et al
| Steven Curry |
| John Trost, Mohammad Siddiqui, Todd Brooks, Wexford Health Sources, Inc., Gail Walls and Kimberly Butler |
| 3:2020cv01137 |
| October 28, 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 28
ORDER DENYING #27 Motion for Reconsideration of Plaintiff's Second Motion for Recruitment of Counsel (Doc. 21). Plaintiff's motion was denied because the Court has not yet conducted the preliminary review of the First Amended Complaint under 28 U.S.C. Section 1915A and Plaintiff had not demonstrated reasonable efforts to obtain counsel for representation in this lawsuit. Plaintiff was instructed that if the First Amended Complaint survived 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 for representation in this lawsuit. At this time, the Section 1915A review has not been completed and Plaintiff submitted only one rejection letter from an attorney. The motion for reconsideration is, therefore, DENIED. Signed by Judge Staci M. Yandle on 12/11/2020. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 27 MOTION for Reconsideration and to Add Exhibits re 25 Order on Motion for Recruitment of Counsel by Steven Curry. (jaj) |
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Filing 26
ORDER striking #23 Motion. Plaintiff's Motion sets forth written questions Plaintiff seeks to submit to nonparties in this case pursuant to Federal Rule of Civil Procedure 31. Under Local Rule 26.1(b)(1), discovery materials under Rules 30, 31, 33, and 34 shall not be filed with the Court. Accordingly, the Clerk of Court is DIRECTED to STRIKE Document 23 and return it to Plaintiff. To the extent Plaintiff is seeking permission to conduct such discovery, it is premature and is DENIED. Signed by Judge Staci M. Yandle on 12/3/2020. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 25
ORDER. Plaintiff's Second Motion for Recruitment of Counsel (Doc. #21 ) 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. The first prong of the analysis is a threshold question. If a plaintiff has not made a reasonable attempt to obtain counsel on his own, the court should deny the request. Id. at 655. Here, Plaintiff has submitted letters from attorneys with various dates in 2017 and 2018, which do not demonstrate reasonable efforts to locate counsel for representation in this lawsuit. If Plaintiff's First Amended 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 for representation in this lawsuit. Signed by Judge Staci M. Yandle on 12/3/2020. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 24
ORDER. Plaintiff's Motion to Subpoena Non-party Witnesses (Doc. #22 ) is DENIED. Plaintiff's Complaint was stricken and his First Amended Complaint is subject to preliminary review 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). Until the Court conducts that review and a Scheduling and Discovery Order is entered, all discovery related motions are premature and will be denied. Signed by Judge Staci M. Yandle on 12/3/2020. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 23 ENTRY STRICKEN - MOTION to dispose non party members with written depositions by Steven Curry. (jaj) Modified on 12/4/2020 (jaj). |
| Filing 22 MOTION to have non party members subpoened for written deposition by Steven Curry. (jaj) |
| Filing 21 MOTION for Recruitment of Counsel by Steven Curry. (jaj) |
| Filing 20 FIRST AMENDED COMPLAINT against All Defendants filed by Steven Curry.(jaj) |
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Filing 19
ORDER finding as moot #12 Motion for Extension of Time to pay filing fee. Signed by Judge Staci M. Yandle on 11/24/2020. (ksp)
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Filing 18
ORDER finding as moot #15 Motion re filing fee. Signed by Judge Staci M. Yandle on 11/24/2020. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 17
ORDER denying as moot #16 Motion to Order Business Office at Pontiac Correctional Center to send filing fee. Plaintiff's filing fee has been paid. Signed by Judge Staci M. Yandle on 11/24/2020. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 16 MOTION to Order the Business Office to send the $400.00 Filing Fee to the Clerk's Office by Steven Curry. (tjk) |
| Filing 15 MOTION to Disregard by Steven Curry. (jlrr) |
| Filing fee: $ 400.00, receipt number 34625105154 (amv) |
| Filing 14 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (amv) |
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Filing 13
ORDER STRIKING the #1 Complaint and #11 Motion for Reconsideration of Motion for Appointment of Counsel and DIRECTING the Clerk of Court to return the pleadings to Plaintiff. Plaintiff commenced this action by filing a Complaint on October 28, 2020. The handwritten Complaint and Motion are illegible. All pleadings presented for filing in this District must be "plainly typewritten, printed, or prepared by a clearly legible duplication process and double-spaced." SDIL-LR 5.1(b). Further, "[t]he Court, in its discretion, may strike and direct the return of any defective pleading." SDIL-LR 8.1(b). Plaintiff's pleadings are defective and are hereby STRICKEN. Plaintiff is ORDERED to file a legible copy of the Complaint and Motion for Reconsideration of Motion for Appointment of Counsel by December 10, 2020. Failure to do so will result in dismissal of this action for want of prosecution and/or for failure to comply with a court order. Fed. R. Civ. P. 41(b). To enable Plaintiff to comply with this order, the Clerk of Court is DIRECTED to mail Plaintiff a civil rights complaint form and a motion for recruitment of counsel form. Signed by Judge Staci M. Yandle on 11/11/2020. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 12 MOTION for Extension of Time by Steven Curry. (amv) |
| Filing 11 ENTRY STRICKEN - Motion to reconsider MOTION for Recruitment of Counsel by Steven Curry. (amv) Modified on 11/20/2020 (jaj). |
| Filing 10 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). (amv)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 9 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (amv) |
| Set Deadlines: Filing Fee due on or before 11/30/2020 (kek) |
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Filing 8
ORDER DENYING Plaintiff's motion to proceed in forma pauperis (Doc. #2 ). A federal court may permit an indigent party to proceed without pre-payment of fees. 28 U.S.C. 1915(a)(1). The Court is not satisfied from Currys affidavit that he is indigent. Plaintiff's trust fund account balance as of 10/21/2020 was $630.59 (Doc. #2 ). Accordingly, the Court DENIES the motion for leave to proceed in forma pauperis (Doc. #2 ). Plaintiff shall pay the $400.00 filing fee no later than November 30, 2020. Failure to comply with this Order will result in dismissal of this action for failure to comply with a court order under Federal Rule of Civil Procedure 41(b). 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). Signed by Judge Staci M. Yandle on 10/29/2020. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 7
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 for representation in this lawsuit, 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 for representation in this lawsuit. Signed by Judge Staci M. Yandle on 10/29/2020. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 6 Letter from Plaintiff to the Court. (jaj) |
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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 20-1137-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 10/28/2020. (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 10/28/2020. Consent due by 11/18/2020 (jaj) |
| Filing 3 MOTION to Appoint Counsel by Steven Curry. (jaj) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Steven Curry. (jaj) |
| Filing 1 ENTRY STRICKEN - COMPLAINT against All Defendants filed by Steven Curry.(jaj) Modified on 11/20/2020 (jaj). |
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