Powelkowski v. Walker
| Leszek Powelkowski |
| Vicky Walker, Lynn Pittman, Dr. Williams, P.A. Luking, Wexford Health Sources, Inc. and Lorie Cunningham |
| 3:2021cv00882 |
| August 3, 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 29, 2024. A more recent docket listing may be available from PACER.
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Filing 23
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). Given the early stage of the litigation, it is difficult to accurately evaluate the need for assistance of counsel, so the recruitment of counsel would be premature. See Kadamovas v. Stevens, 706 F.3d 843, 845 (7th Cir. 2013) ("[U]ntil the defendants respond to the complaint, the plaintiff's need for assistance of counsel... cannot be gauged."). 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 9/30/2021. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 22
SUPPLEMENT by Leszek Powelkowski. Supplement to #1 Complaint. (kare)
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Filing 21
ORDER. The Court GRANTS Plaintiff leave to supplement his Complaint (Doc. 1) with the Declaration Under Federal Rule of Civil Procedure (Doc. 20) that he submitted for filing. The Court will conduct the merit review of the Complaint pursuant to 28 U.S.C. 1915A within the next sixty days. Signed by Judge Staci M. Yandle on 9/24/2021. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 20
SUPPLEMENT by Leszek Powelkowski. Supplement to #1 Complaint. (kare)
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Filing 19
ORDER DENYING #18 Motion for Extension. Plaintiff states he is attempting to obtain counsel and seeks an extension of time. Plaintiff filed the instant lawsuit on August 3, 2021 with an unsigned Complaint (Doc. 1). He has been advised four times that he needs to file a signed Complaint (Docs. 7, 13, 16, 17) and the Clerk sent him a copy of his unsigned Complaint twice to assist him (Doc. 7, 16). The only court imposed deadline is for Plaintiff to file a signed Complaint by September 29, 2021 or this case will be dismissed (Doc. 16). Plaintiff does not need counsel to file a signed Complaint and, therefore, the motion is DENIED. Signed by Judge Staci M. Yandle on 9/24/2021. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 18
MOTION for Extension of Time by Leszek Powelkowski. (kare)
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Filing 17
ORDER DENYING #15 Motion. Plaintiff states he needs two more months to obtain counsel. Plaintiff filed an unsigned Complaint (Doc. 7) in this case and the only deadline is for him to file a signed Complaint by September 29, 2021 or this case will be dismissed (Doc. 16). Plaintiff does not need counsel to file a signed Complaint and, therefore, the motion is DENIED. Signed by Judge Staci M. Yandle on 9/20/2021. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 16
ORDER AND NOTICE OF IMPENDING DISMISSAL. In response to the Notice of Impending Dismissal (Doc. 13), Plaintiff filed a letter stating he wants to pursue this case and is seeking counsel to represent him (Doc. 14). He did not, however, file a signed Complaint. The Court has notified Plaintiff twice that he must file a signed Complaint, or this case will be dismissed. (Docs. 7, 13). In light of Plaintiff's letter, the Court will GRANT a FINAL extension of time to September 29, 2021 for Plaintiff to file a signed Complaint. Specifically, Plaintiff is required to sign under "Declaration Under Federal Rule of Civil Procedure 11," which was blank on the Complaint filed on August 3, 2021 (see Doc. 1, p. 7). Plaintiff's failure to comply will result in dismissal of this action, without further notice, for filing an unsigned Complaint in violation of Federal Rule of Civil Procedure 11(a) and failure to comply with Court Orders under Federal Rule of Civil Procedure 41(b). To enable Plaintiff to comply with this Order, the CLERK is DIRECTED to return a copy of the Complaint (Doc. 1) to Plaintiff along with this Order. Signed by Judge Staci M. Yandle on 9/20/2021. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 15
MOTION for Extension of Time to Find an Attorney by Leszek Powelkowski. (kare)
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Filing 14
MOTION to Pursue Case by Leszek Powelkowski. (kare)
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Filing 13
NOTICE OF IMPENDING DISMISSAL. Plaintiff is ORDERED to file a signed Complaint in accordance with Federal Rule of Civil Procedure 11(a) within fourteen (14) days of the date of this Order (by 9/13/2021). Plaintiff's failure to comply with this Order will result in dismissal of this action, without further notice, for failure to comply with a court order under Federal Rule of Civil Procedure 41(b). Signed by Judge Staci M. Yandle on 8/30/2021. (ksp)
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Filing 12
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare)
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Filing 11
NOTICE: Leszek Powelkowski 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, Leszek Powelkowski 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 8/31/2021 (kare)
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Filing fee: $ 402.00, receipt number 34625109481 (amv)
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Filing 10
Prisoner Trust Fund Account Statement. (kare)
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Set/Reset Deadlines: $402 Filing Fee due on or before 9/7/2021 (kare)
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Filing 9
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 Powelkowski's affidavit that he is indigent. Plaintiff's trust fund account balance as of August 2, 2021 was $5,439.83 (Doc. #8 ). 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 September 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 8/6/2021. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 8
Prisoner Trust Fund Account Statement. (kare)
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Filing 7
ORDER. Plaintiff filed an unsigned Complaint. (Doc. 1, p. 7). Federal Rule of Civil Procedure 11(a) requires that "[e]very pleading, written motion, and other paper must be signed... by a party personally if the party is unrepresented." To proceed with this action, Plaintiff is ORDERED to submit a properly signed Complaint, including any exhibits, on or before August 18, 2021. Failure to comply with this Order shall result in the striking of the Complaint and the dismissal of this action. See Fed. R. Civ. P. 41(b). To enable Plaintiff to comply with this Order, the CLERK is DIRECTED to return a copy of the Complaint (Doc. 1) to Plaintiff along with this Order. Signed by Judge Staci M. Yandle on 8/4/2021. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 6
ORDER: Plaintiff has filed a Motion for Leave to Proceed in Forma Pauperis ("IFP") in this case (see Doc. #2 ), but has failed to provide the necessary prisoner trust fund account information as required by the PLRA to determine whether the inmate is entitled to proceed without prepaying fees and costs. Pursuant to 28 U.S.C. Section 1915(b)(1), the Court must review the prisoner trust fund account statement for the 6 month period immediately preceding the filing of this action. IT IS THEREFORE ORDERED that Plaintiff shall provide the Clerk of Court with the attached certification completed by the Trust Fund Officer at the facility and a copy of his/her trust fund account statement (or institutional equivalent) for the period 2/1/2021 to 8/3/2021 no later than 45 days from the date of this order. Failure to do so will result in dismissal of this action for failure to comply with an Order of this Court. 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). The Clerk is DIRECTED to mail a copy of this Order and the certification form to the Trust Fund Officer at Lawrence Correctional Center. (Trust Fund Statement due on or before 9/20/2021). Signed by Judge Staci M. Yandle on 8/4/2021. (tjk)
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Filing 5
NOTICE AND ORDER: The Court has received your complaint and your motion to proceed without prepayment of the filing fee. Your case number is 21-882-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 8/3/2021. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 4
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 8/3/2021. Consent due by 8/24/2021 (jaj)
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Filing 3
MOTION for Recruitment of Counsel by Leszek Powelkowski. (jaj)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Leszek Powelkowski. (Attachments: #1 Certification)(jaj)
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Filing 1
COMPLAINT against All Defendants filed by Leszek Powelkowski.(jaj)
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