McCreight v Watson et al
| Kevin McCreight |
| David Marcowitz, Richard Watson and Trinity Service Group |
| 3:2021cv00151 |
| February 11, 2021 |
| 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 November 15, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 18
HIPAA Qualified Protective Order. Signed by Judge J. Phil Gilbert on 4/8/2021. (trb)
|
| Filing 17 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) |
|
Filing 16
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 DIRECTED to mail these forms, a copy of the Order Severing Case, the Complaint, and this Memorandum and Order to each Defendant's place of employment as identified by Plaintiff. Signed by Judge J. Phil Gilbert on 4/6/2021. (jsy)
|
|
Filing 15
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #3 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $3.53. 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 3/25/2021. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 14 Prisoner Trust Fund Account Statement. (jaj) |
|
Filing 13
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 8/1/2020 to 2/11/2021 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 5/3/2021). Signed by Judge J. Phil Gilbert on 3/17/2021. (tjk)
|
|
Filing 11
ORDER GRANTING #9 Motion for Reconsideration. Plaintiff states that he mistakenly requested voluntary dismissal of the action when he actually wishes to proceed with his claims. He asks the Court to reconsider the dismissal of this case. The motion is GRANTED. The Clerk's Office is DIRECTED to REOPEN this case and REINSTATE the Motion for Leave to Proceed In Forma Pauperis at Document 3. The Complaint is subject to preliminary review under 28 U.S.C. 1915A. Plaintiff will be provided with a copy of the screening order once this review is complete. Signed by Judge J. Phil Gilbert on 3/16/2021. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 10 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
| Filing 9 MOTION for Reconsideration re 8 Order Dismissing Case by Kevin McCreight. (jaj) |
|
Filing 8
CASE REOPENED PER DOC 11 - ORDER DISMISSING CASE. On March 5, 2021, Plaintiff informed the Court that he does not wish to proceed with this case. Consequently, this action is DISMISSED without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). This dismissal shall not count as a "strike" within the meaning of 28 U.S.C. 1915(g). The #3 Motion for Leave to Proceed in forma pauperis is TERMINATED. The record shall reflect that the filing fee is SATISFIED, and no payments shall be collected from Plaintiff. The Clerk is DIRECTED to CLOSE this case. Signed by Judge J. Phil Gilbert on 3/5/2021. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. Modified on 3/17/2021 (jaj).
|
| Filing 7 RESPONSE to 5 Order filed by Kevin McCreight. (jaj) |
| Filing 6 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 3/11/2021 (jaj) |
|
Filing 5
ORDER: On February 11, 2021, this case was severed from Brown v. Watson, et al, SDIL Case No. 21-cv-138-JPG. Plaintiff should be aware of the consequences of proceeding with this action. First, the Court will screen the action pursuant to 28 U.S.C. 1915A, and Plaintiff will incur a strike within the meaning of section 1915(g) if the Court determines that the action is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief. Second, Plaintiff will be required to pay a $402.00 filing fee in this case in this case ($350.00 if he is granted leave to proceed in forma pauperis). Of course, Plaintiff can also opt not to proceed with this action by voluntarily dismissing it, thereby avoiding the risk of a strike and the financial burden of an additional filing fee. Plaintiff should carefully consider these points, along with the merits and relative importance of this lawsuit, in deciding whether to proceed with it. Plaintiff shall have until March 18, 2021 to advise the Court in writing whether he wishes to proceed with this lawsuit. If he chooses to go forward, the Court will assess an initial partial filing fee (if appropriate) and screen the complaint. On the other hand, if Plaintiff opts to voluntarily dismiss the case by the deadline, he will not have to pay a filing fee, the Court will not screen the complaint, and the case will be dismissed without prejudice. Plaintiff is WARNED that if he fails to respond to this Order by the deadline, he will be obligated to pay the full filing fee and this action will be dismissed for want of prosecution and/or for failure to comply with a court order. (Action due by 3/18/2021). Signed by Judge J. Phil Gilbert on 2/11/2021. (tjk)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 2/11/2021. Consent due by 3/4/2021 (jaj) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Kevin McCreight. (jaj) |
| Filing 2 COMPLAINT against All Defendants filed by Kevin McCreight.(jaj) |
|
Filing 1
ORDER SEVERING CASE. Signed by Judge J. Phil Gilbert on 2/10/2021. (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.
