McGraw v. Peeks et al
Plaintiff: Jeff McGraw
Defendant: Mary Peeks, A. David, Warden Mitchell and Wexford Health Sources
Case Number: 3:2021cv00800
Filed: July 12, 2021
Court: US District Court for the Southern District of Illinois
Presiding Judge: Staci M Yandle
Nature of Suit: Prison Condition
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Both
Docket Report

This docket was last retrieved on March 7, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 9, 2021 Filing 27 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Scott, Brent)
September 9, 2021 Filing 26 ANSWER to #1 Complaint by Mary Peeks.(Scott, Brent)
September 9, 2021 Filing 25 DEMAND for Trial by Jury by Mary Peeks. (Scott, Brent)
September 9, 2021 Filing 24 NOTICE of Appearance by Brent Steven Scott on behalf of Mary Peeks (Scott, Brent)
September 9, 2021 Filing 23 NOTICE of Appearance by Timothy P. Dugan on behalf of Mary Peeks (Dugan, Timothy)
September 3, 2021 Filing 22 WAIVER OF SERVICE Returned Executed by Mary Peeks. Mary Peeks waiver sent on 8/16/2021, answer due 10/15/2021. (Scott, Brent)
August 27, 2021 Filing 21 ANSWER to #1 Complaint by Wexford Health Sources.(Scott, Brent)
August 27, 2021 Filing 20 ANSWER to #1 Complaint by A. David.(Scott, Brent)
August 27, 2021 Filing 19 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Scott, Brent)
August 27, 2021 Filing 18 DEMAND for Trial by Jury by A. David, Wexford Health Sources. (Scott, Brent)
August 27, 2021 Filing 17 NOTICE of Appearance by Brent Steven Scott on behalf of A. David, Wexford Health Sources (Scott, Brent)
August 27, 2021 Filing 16 NOTICE of Appearance by Timothy P. Dugan on behalf of A. David, Wexford Health Sources (Dugan, Timothy)
August 25, 2021 Filing 15 NOTICE of Appearance by R. Levi Carwile on behalf of Warden Mitchell (Carwile, R.)
August 18, 2021 Filing 14 WAIVER OF SERVICE Returned Executed A. David waiver sent on 8/16/2021, answer due 10/15/2021. (tjk)
August 17, 2021 Filing 13 WAIVER OF SERVICE Returned Executed Warden Mitchell waiver sent on 8/16/2021, answer due 10/15/2021. (tjk)
August 17, 2021 Opinion or Order Filing 12 HIPAA Qualified Protective Order. Signed by Judge Staci M. Yandle on 8/17/2021. (kek)
August 17, 2021 Filing 11 WAIVER OF SERVICE Returned Executed Wexford Health Sources waiver sent on 8/16/2021, answer due 10/15/2021. (tjk)
August 16, 2021 Filing 10 REQUEST FOR WAIVER of Service sent to Mary Peeks, A. David, Warden Mitchell, and Wexford Health Sources on 8/16/2021. Waiver of Service due by 9/15/2021. (tjk)
August 16, 2021 Opinion or Order Filing 9 Order for Service of Process upon Mary Peeks, A. David, Warden Mitchell, and Wexford Health Sources. Count 1 will proceed against Mary Peeks, A. David, and Warden Mitchell. Count 2 will proceed against Wexford Health Sources. Count 3 will proceed against Mary Peeks, A. David, and Wexford Health Sources. 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 8/16/2021. (ksp)
August 6, 2021 Filing 8 NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 257, this case will remain with the assigned District Judge Staci M. Yandle. This Notice does not alter any prior referrals of motions or matters pursuant to 28 U.S.C. Sec. 636(b)(1-3). (kare)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
August 6, 2021 Filing 7 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare)
August 2, 2021 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 8/9/2021 (jaj)
July 30, 2021 Opinion or Order Filing 5 ORDER: The Court has received your payment of the filing fee. Now 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. 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 7/30/2021. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
July 29, 2021 Filing fee: $ 402.00, receipt number 34625109179 (amv)
July 12, 2021 Filing 4 NOTICE FROM CLERK Instructing Jeff McGraw 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 Jeff McGraw on 07/12/2021. Consent due by 8/2/2021 (kare)
July 12, 2021 Opinion or Order Filing 3 NOTICE AND ORDER: The Court has received your Complaint. Your case number is 20-800-SMY. Within 30 days of the entry of this Order, you are ORDERED to submit the $402.00 filing fee or a motion to proceed without prepayment of the filing fee. If you file a motion to proceed without prepayment of the filing fee, the Court must review your trust fund account statement for the six-month period immediately preceding the filing of this action. Thus, you must have the Trust Fund Officer at your facility complete the attached certification and provide a copy of your trust fund account statement (or institutional equivalent). If you fail to pay the filing fee or submit the motion to proceed without prepayment of the filing fee by the deadline, the case will be dismissed without prejudice for failure to prosecute. FED. R. CIV. P. 41(b); Sperow v. Melvin, 153 F.3d 780, 781 (7th Cir. 1998). 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 7/12/2021. (kare)
July 12, 2021 Filing 2 NOTICE Of Intent by Jeff McGraw (kare)
July 12, 2021 Filing 1 COMPLAINT against All Defendants filed by Jeff McGraw.(kare)

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Plaintiff: Jeff McGraw
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Defendant: Mary Peeks
Represented By: Timothy P. Dugan
Represented By: Brent Steven Scott
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Defendant: A. David
Represented By: Timothy P. Dugan
Represented By: Brent Steven Scott
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Defendant: Warden Mitchell
Represented By: R. Levi Carwile
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Defendant: Wexford Health Sources
Represented By: Timothy P. Dugan
Represented By: Brent Steven Scott
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