Walls v. Bednarz et al
| Nirin Walls |
| RN Sarah, Lana Nalewajka, Terry Dean, Brennan, Michael Bednarz, Kourtney Hallmeyer, Venerio Santos, Hodge, Hank and Lt Grotte |
| 3:2021cv00742 |
| June 28, 2021 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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Filing 15
ORDER: This action is before the Court for the purpose of docket control. As of today, Defendant Brennan has not been served. A request for waiver of service was returned unexecuted as to Defendant Brennan on August 23, 2021, with the notation that this defendant is unidentifiable (Doc. #13 ). IT IS THEREFORE ORDERED that Plaintiff provide additional information (i.e. physical description, date and time of alleged interaction giving rise to this lawsuit, etc.) to the Clerk of Court and file a notice of such, to identify Defendant Brennan. Plaintiff SHALL provide said information within 30 days of the date of this order so that process may be served upon him/her. Plaintiff is WARNED that his failure to comply with this Order may result in dismissal of Defendant Brennan from this lawsuit. Signed by Chief Judge Nancy J. Rosenstengel on 8/26/2021. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 14 WAIVER OF SERVICE Returned Executed Michael Bednarz waiver sent on 8/19/2021, answer due 10/18/2021. (tjk) |
| Filing 13 Waiver of Service Returned Unexecuted as to Brennan. (tjk) |
| Filing 12 HIPAA Qualified Protective Order. Signed by Chief District Judge Nancy J. Rosenstengel on 8/20/2021. (lmb) |
| Filing 11 REQUEST FOR WAIVER of Service sent to MICHAEL BEDNARZ, VENERIO SANTOS, LANE NALEWAJKA, HANK, KOURTNEY HALLMEYER, TERRY DEAN, RN SARAH, HODGE, LIEUTENANT GROTTE, and BRENNAN on 8/19/2021. Waiver of Service due by 9/20/2021. (tjk) |
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Filing 10
Order for Service of Process upon MICHAEL BEDNARZ, VENERIO SANTOS, LANE NALEWAJKA, HANK, KOURTNEY HALLMEYER, TERRY DEAN, RN SARAH, HODGE, LIEUTENANT GROTTE, and BRENNAN. COUNT 1 will proceed against MICHAEL BEDNARZ, VENERIO SANTOS, LANE NALEWAJKA, HANK, KOURTNEY HALLMEYER, TERRY DEAN, and RN SARAH, but is DISMISSED without prejudice as to HODGE. COUNT 2 will proceed against HODGE, LIEUTENANT GROTTE, and BRENNAN. COUNT 3 will proceed against MICHAEL BEDNARZ. The injunctive relief claim is DISMISSED without prejudice. Plaintiff's motions for recruitment of counsel (Docs. #3 , #8 ) are DENIED without prejudice. Finally, based on the allegations in the Complaint, the Clerk of Court is DIRECTED to ENTER the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. Signed by Chief Judge Nancy J. Rosenstengel on 8/19/2021. (ksp)
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| Filing 9 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare) |
| Filing 8 MOTION to Appoint Counsel by Nirin Walls. (kare) |
| 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 7/26/2021 (kare) |
| Filing fee: $ 402.00, receipt number 34625109058 (clt) |
| Set/Reset Deadlines: Filing Fee due on or before 7/30/2021 (kare) |
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Filing 6
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 Walls' affidavit that he is indigent. Plaintiff's trust fund account balance as of May 10, 2021 was $2,316.08 (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 30, 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 Chief Judge Nancy J. Rosenstengel on 6/30/2021. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 5 NOTICE FROM CLERK Instructing Nirin Walls 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 Nirin Walls on 06/28/2021. Consent due by 7/19/2021 (kare) |
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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 21-742-NJR. 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 Chief Judge Nancy J. Rosenstengel on 6/28/2021. (kare)
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| Filing 3 MOTION for Recruitment of Counsel by Nirin Walls. (kare) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Nirin Walls. (kare) |
| Filing 1 COMPLAINT against All Defendants filed by Nirin Walls.(kare) |
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