Anderson v. Wexford Health Sources, Inc. et al
| Dominique Anderson |
| Terry Grissom, T Stevens, Kimberly Birch, Wexford Health Sources, Inc., S. Stevens, Caldwell, Rob Jeffreys, Meyers and Ann Lahr |
| 3:2021cv00364 |
| April 7, 2021 |
| US District Court for the Southern District of Illinois |
| Staci M Yandle |
| Prison Condition |
| 42 U.S.C. § 1983 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 29, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 14
WAIVER OF SERVICE Returned Executed Caldwell waiver sent on 5/17/2021, answer due 7/16/2021. (tjk)
|
|
Filing 13
SECOND REQUEST FOR WAIVER of Service sent to Birch on 6/2/2021. Waiver of Service due by 7/2/2021. (tjk)
|
|
Filing 12
WAIVER OF SERVICE Returned Executed Meyers waiver sent on 5/17/2021, answer due 7/16/2021. (tjk)
|
|
Filing 11
WAIVER OF SERVICE Returned Executed S. Stevens waiver sent on 5/17/2021, answer due 7/16/2021. (tjk)
|
|
Filing 10
HIPAA Qualified Protective Order. Signed by Judge Staci M. Yandle on 5/18/2021. (kls3)
|
|
Filing 9
REQUEST FOR WAIVER of Service sent to Kimberly Birch, S. Stevens, Caldwell, and Meyers on 5/17/2021. Waiver of Service due by 6/16/2021. (tjk)
|
|
Filing 8
Order for Service of Process upon Kimberly Birch, S. Stevens, Caldwell, and Meyers. The Complaint survives preliminary review under 28 U.S.C. 1915A on the Eighth Amendment deliberate indifference to serious medical needs claims in Count 1 against Dr. Birch, Count 2 against Nurse Practitioner Stevens, Count 3 against Dr. Caldwell, and Count 4 against Dr. Meyers. The official capacity claims against the Defendants are DISMISSED without prejudice. Count 5 is DISMISSED without prejudice. Wexford Health Sources, Inc., Terry Grissom, T. Stevens, Ann Lahr, and Rob Jeffreys are DISMISSED without prejudice and the Clerk of Court is DIRECTED to TERMINATE them as defendants. Finally, the Clerk of Court is DIRECTED to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. Signed by Judge Staci M. Yandle on 5/17/2021. (ksp)
|
|
Filing fee: $ 402.00, receipt number 34625107815 (ack)
|
|
Set/Reset Deadlines: Filing Fee due on or before 5/10/2021 (kare)
|
|
Filing 7
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. Section 1915(a)(1). The Court is not satisfied from Anderson's affidavit that he is indigent. Plaintiff's trust fund account balance as of March 14, 2021 was $2,343.57 (Doc. #2 ). Accordingly, the Court DENIES the motion for leave to proceed in forma pauperis (Doc. #2 ). Plaintiff shall pay the $402.00 filing fee no later than May 10, 2021. 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 4/8/2021. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
|
Filing 6
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. 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's motion does not demonstrate any effort to obtain counsel on his own. If Plaintiff's Complaint survives Section 1915A review, and he encounters difficulties in self-representation as this case proceeds, he may refile his motion seeking recruitment of counsel. If he chooses to renew his request, he should submit rejection letters from at least 3 attorneys to demonstrate that he has made reasonable efforts to obtain counsel on his own. Signed by Judge Staci M. Yandle on 4/8/2021. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
|
Filing 5
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare)
|
|
Filing 4
NOTICE AND ORDER: The Court has received your complaint and your motion to proceed without prepayment of the filing fee. Your case number is 21-364-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 4/7/2021. (kare)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
|
Filing 3
MOTION for Recruitment of Counsel by Dominique Anderson. (kare)
|
|
Filing 2
MOTION for Leave to Proceed in forma pauperis by Dominique Anderson. (kare)
|
|
Filing 1
COMPLAINT against All Defendants filed by Dominique Anderson.(kare) Modified on 4/7/2021 (kare).
|
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.
