Brown v. Watson et al
| George Gannon, Arenzo Hoffman, Joseph Nickell, Keandre Hollins, Trevon Fenton, Andrew Kunkle, Cedric D. Allen, Andrew McKissick, Cortez Brown, Kevin McCreight, Ray Taylor, Joey Thomas and John Eglseder |
| Richard Watson, Dr David Marcowitz and Trinity Service Group |
| 3:2021cv00138 |
| February 9, 2021 |
| US District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 4, 2024. A more recent docket listing may be available from PACER.
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Filing 39
REQUEST FOR WAIVER of Service sent to RICHARD WATSON, TRINITY SERVICE GROUP, and DR. MARCOWITZ on 4/6/2021. Waiver of Service due by 5/6/2021. (tjk)
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Filing 38
HIPAA Qualified Protective Order. Signed by Judge J. Phil Gilbert on 4/6/2021. (kare)
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Filing 37
ORDER FOR SERVICE ON Defendants RICHARD WATSON, TRINITY SERVICE GROUP, and DR. MARCOWITZ. The Complaint, including COUNTS 1, 2, 3, and 4, survives screening under 28 U.S.C. 1915A. Because one or more claims involve the alleged denial of medical care, the Clerk's Office is DIRECTED to ENTER the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. The Clerk is also DIRECTED to mail these forms, a copy of the Complaint, and this Memorandum and Order to each Defendant's place of employment as identified by Plaintiff. The #34 Motion for Recruitment of Counsel is DENIED. Signed by Judge J. Phil Gilbert on 4/5/2021. (jsy)
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Filing 36
ORDER: Andrew McCissick filed a #35 Response and notice of voluntarily dismissal of his complaint in this case and severed case no. 21-cv-160-JPG. McCissick has already been dismissed from this action. Therefore, the Court will enter a separate Order addressing his request for voluntary dismissal in case no. 21-cv-160-JPG. Signed by Judge J. Phil Gilbert on 3/9/2021. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 35
RESPONSE to opt out of this action. filed by Andrew McKissick. (kare)
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Filing 34
MOTION for Recruitment of Counsel by Cortez Brown. (kare)
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Filing 33
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare)
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Filing 32
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #12 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $23.83. 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 St. Clair County Jail upon entry of this Order. Signed by Judge J. Phil Gilbert on 2/23/2021. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 31
Prisoner Trust Fund Account Statement by Cortez Brown. (kare)
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Filing 30
ORDER: Plaintiff has filed a Motion for Leave to Proceed in Forma Pauperis ("IFP") in this case (see Doc. #12 ), 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 8/1/2020 to 2/9/2021 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 St. Clair County Jail. (Trust Fund Statement due on or before 3/29/2021). Signed by Judge J. Phil Gilbert on 2/11/2021. (tjk)
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Filing 29
ORDER SEVERING CASE. See attached Order for details. Each Plaintiff shall proceed with his claims in a separate suit. All #16 , #17 , #18 , #19 , #20 , #21 , #22 , #23 , #24 , #25 , #26 , #27 , and #28 Motions for Recruitment of Counsel are DISMISSED without prejudice. With the exception of Plaintiff Cortez Brown, all Plaintiffs are DISMISSED from this action, and their #4 , #5 , #6 , #7 , #8 , #9 , #10 , #11 , #13 , #14 , and #15 Motions for Leave to Proceed In Forma Pauperis are TERMINATED. The only plaintiff remaining in this action is Plaintiff CORTEZ BROWN, and the Court will address his #12 Motion for Leave to Proceed In Forma Pauperis in a separate order. Signed by Judge J. Phil Gilbert on 2/11/2021. (jsy)
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Filing 28
MOTION for Recruitment of Counsel by George Gannon. (kare)
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Filing 27
MOTION for Recruitment of Counsel by Cedric D. Allen. (kare)
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Filing 26
MOTION for Recruitment of Counsel by Cortez Brown. (kare)
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Filing 25
MOTION for Recruitment of Counsel by John Eglseder. (kare)
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Filing 24
MOTION for Recruitment of Counsel by Arenzo Hoffman. (kare)
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Filing 23
MOTION for Recruitment of Counsel by Keandre Hollins. (kare)
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Filing 22
MOTION for Recruitment of Counsel by Andrew Kunkle. (kare)
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Filing 21
MOTION for Recruitment of Counsel by Kevin McCreight. (kare)
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Filing 20
MOTION for Recruitment of Counsel by Andrew McKissick. (kare)
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Filing 19
MOTION for Recruitment of Counsel by Joseph Nickell. (kare)
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Filing 18
MOTION for Recruitment of Counsel by Ray Taylor. (kare)
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Filing 17
MOTION for Recruitment of Counsel by Joey Thomas. (kare)
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Filing 16
MOTION for Recruitment of Counsel by Trevon Fenton. (kare)
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Filing 15
MOTION for Leave to Proceed in forma pauperis by Arenzo Hoffman. (kare)
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Filing 14
MOTION for Leave to Proceed in forma pauperis by Andrew McKissick. (kare)
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Filing 13
MOTION for Leave to Proceed in forma pauperis by Cedric D. Allen. (kare)
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Filing 12
MOTION for Leave to Proceed in forma pauperis by Cortez Brown. (kare)
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Filing 11
MOTION for Leave to Proceed in forma pauperis by George Gannon. (kare)
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Filing 10
MOTION for Leave to Proceed in forma pauperis by Joey Thomas. (kare)
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Filing 9
MOTION for Leave to Proceed in forma pauperis by John Eglseder. (kare)
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Filing 8
MOTION for Leave to Proceed in forma pauperis by Joseph Nickell. (kare)
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Filing 7
MOTION for Leave to Proceed in forma pauperis by Keandre Hollins. (kare)
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Filing 6
MOTION for Leave to Proceed in forma pauperis by Kevin McCreight. (kare)
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Filing 5
MOTION for Leave to Proceed in forma pauperis by Ray Taylor. (kare)
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Filing 4
MOTION for Leave to Proceed in forma pauperis by Trevon Fenton. (kare)
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Filing 3
NOTICE FROM CLERK Instructing Plaintiffs 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 Plaintiffs on 02/09/2021. Consent due by 3/2/2021 (kare)
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Filing 2
NOTICE AND ORDER: The Court has received your complaint and your motion to proceed without prepayment of the filing fee. Your case number is 21-138-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 2/9/2021. (kare)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 1
COMPLAINT against All Defendants filed by All Plaintiffs. (Attachments: #1 Exhibit, #2 Exhibit Declarations)(kare)
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