Irons v. Fiero et al
| Jeremy Irons |
| Deanna Brookhart, C/O Clary, Eckelberry, Reid, Nicholas L Fiero, Lorie Cunningham, Nurse K and Wexford Health Sources Incorporated |
| 3:2021cv00504 |
| May 21, 2021 |
| 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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This docket was last retrieved on August 17, 2022. A more recent docket listing may be available from PACER.
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Filing 17
WAIVER OF SERVICE Returned Executed C/O Clary waiver sent on 6/28/2021, answer due 8/27/2021; Eckelberry waiver sent on 6/28/2021, answer due 8/27/2021; Nicholas L Fiero waiver sent on 6/28/2021, answer due 8/27/2021; Reid waiver sent on 6/28/2021, answer due 8/27/2021. (tjk)
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Filing 16
NOTICE of Change of Address by Jeremy Irons (kare)
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Filing 15
WAIVER OF SERVICE Returned Executed Nurse K waiver sent on 6/28/2021, answer due 8/27/2021. (tjk)
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Filing 14
HIPAA Qualified Protective Order. Signed by Judge Staci M. Yandle on 6/29/2021. (amv)
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Filing 13
REQUEST FOR WAIVER of Service sent to Nicholas L. Fiero, Reid, Nurse K, C/O Clary, and Eckelberry on 6/28/2021. Waiver of Service due by 7/28/2021. (tjk)
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Filing 12
Order for Service of Process upon Nicholas L. Fiero, Reid, Nurse K, C/O Clary, and Eckelberry. The following claims will proceed: Count 1 against Nicholas L. Fiero and Reid; Count 2 against Nicholas L. Fiero, Reid, C/O Clary, and Nurse K; Count 3 against Eckelberry and Reid; and Count 7 against Nicholas L. Fiero.The following claims are DISMISSED without prejudice: Counts 4, 5, 6, and 8; Count 2 against Wexford Health Sources, Inc.; and the official capacity claims. Additionally, Defendants Lorie Cunningham, Deanna Brookhart, and Wexford Health Sources, Inc. are DISMISSED without prejudice and the Clerk of Court is DIRECTED to TERMINATE them as defendants. 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 6/28/2021. (ksp)
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Filing 11
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare)
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Filing 10
ORDER. Plaintiff's Motion for Recruitment of Counsel (Doc. #5 ) 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). 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. Signed by Judge Staci M. Yandle on 6/17/2021. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 9
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare)
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Filing fee: $ 402, receipt number 34625108608 (clt)
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Filing 8
NOTICE: Jeremy Irons 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, Jeremy Irons 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 6/18/2021 (kare)
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Filing Fee due on or before 7/7/2021 (kare)
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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 Irons' affidavit that he is indigent. Plaintiff's trust fund account balance as of May 6, 2021 was $1,753.67 (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 July 7, 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 6/3/2021. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 6
NOTICE OF MODIFICATION re #5 Motion for Recruitment of Counsel filed by Jeremy Irons. Incorrect date filed.No further action is required by the filer in relation to this notification. (kare)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 5
MOTION for Recruitment of Counsel by Jeremy Irons. (kare) Modified on 5/25/2021 (kare).
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Filing 4
NOTICE FROM CLERK Instructing Jeremy Irons 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 Jeremy Irons on 05/21/2021. Consent due by 6/11/2021 (kare)
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Filing 3
NOTICE AND ORDER: The Court has received your complaint and your motion to proceed without prepayment of the filing fee. Your case number is 21-504-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 5/21/2021. (kare)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Jeremy Irons. (kare)
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Filing 1
COMPLAINT against All Defendants filed by Jeremy Irons.(kare)
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