Warren v. Pittman et al
Plaintiff: Trent Warren
Defendant: Nurse Swelty, NP Stover and Dr. Pittman
Case Number: 3:2021cv00347
Filed: March 31, 2021
Court: US District Court for the Southern District of Illinois
Presiding Judge: J Phil Gilbert
Nature of Suit: Prison Condition
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 30, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 24, 2021 Opinion or Order Filing 15 Initial Prisoner Filing Fee: $ 2.13 received, receipt number 34625108271 (ack)
May 13, 2021 Opinion or Order Filing 14 MOTION for Leave to File Amended Complaint by Trent Warren. Proposed A/C received and under review. (jaj)
May 6, 2021 Opinion or Order Filing 13 ORDER: Plaintiff has opted to proceed with this action and is obligated to pay the $350.00 filing fee. Plaintiff is granted leave to proceed in forma pauperis based on his application in the original case, 20-cv-548-MAB. Pursuant to 28 U.S.C. 1915(b)(1), and based on Plaintiffs previously submitted trust fund records for the six months immediately prior to the date the original case was filed, Plaintiff is assessed an initial partial filing fee of $$2.13. 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. 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 Pinckneyville Correctional Center upon entry of this Order. Signed by Judge J. Phil Gilbert on 5/6/2021. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
May 6, 2021 Opinion or Order Filing 12 ORDER DENYING #10 Motion for Leave to File Amended Complaint to bring additional claims against additional defendants. Plaintiff's original complaint was already severed into three separate lawsuits because he improperly joined parties and claims therein. He now wishes to expand the scope of this severed case against three healthcare providers to include new parties and new claims. However, Plaintiff failed to file a proposed amended complaint along with his motion to amend as required by Local Rule 15.1. The Court will give Plaintiff 21 days to file a Motion for Leave to Amend Complaint along with a proposed Amended Complaint against Defendants Pittman, Stover, and Swelty, in which he focuses on related claims against these or other closely-related defendants. He is WARNED that his failure to comply with this order may result in denial of the motion, screening of the original claims against these three defendants, or further severance of his claims into additional lawsuits with the assessment of a filing fee for each newly-severed case. The deadline for filing a Motion to Amend Complaint and proposed Amended Complaint is MAY 27, 2021. Signed by Judge J. Phil Gilbert on 5/6/2021. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
May 6, 2021 Opinion or Order Filing 11 ORDER GRANTING #9 Motion to Confirm Intent to Proceed with this severed case by Trent Warren. Signed by Judge J. Phil Gilbert on 5/6/2021. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
May 6, 2021 Opinion or Order Amended Pleadings due by 5/27/2021. (jaj)
May 5, 2021 Opinion or Order Filing 10 MOTION for leave to file an Amended Complaint by Trent Warren. (jaj)
May 5, 2021 Opinion or Order Filing 9 MOTION to Confirm the Proceeding of this Case by Trent Warren. (jaj)
April 22, 2021 Opinion or Order Filing 8 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj)
April 21, 2021 Opinion or Order Filing 7 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 4/28/2021 (jaj)
March 31, 2021 Opinion or Order Filing 6 ORDER: On March 31, 2021, this case was severed from Warrden v. Illinois Department of Corrections, et al, SDIL Case No. 20-cv-548-MAB. 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 an additional $350.00 filing fee in this case. 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 May 5, 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 5/5/2021). Signed by Judge J. Phil Gilbert on 3/31/2021. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
March 31, 2021 Opinion or Order Filing 5 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 3/31/2021. Consent due by 4/21/2021 (jaj)
March 31, 2021 Opinion or Order Filing 4 MOTION for Recruitment of Counsel by Trent Warren. (jaj)
March 31, 2021 Opinion or Order Filing 3 MOTION for Leave to Proceed in forma pauperis by Trent Warren. (jaj)
March 31, 2021 Opinion or Order Filing 2 COMPLAINT against All Defendants filed by Trent Warren.(jaj)
March 31, 2021 Opinion or Order Filing 1 MEMORANDUM AND ORDER Severing Case. Signed by Magistrate Judge Mark A. Beatty on 3/30/2021. (jaj)

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Plaintiff: Trent Warren
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Defendant: Nurse Swelty
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Defendant: NP Stover
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Defendant: Dr. Pittman
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