Lee v. Stover et al
| Michael Lee |
| S. Stover, Don Lackey, Wexford Health Services, Illinois Department of Corrections, Deanna M. Brookhart, L. Livingston, J. Garrett, Rob Jeffreys, Debbie Knauer and Gleen Babich |
| 3:2021cv00900 |
| August 9, 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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This docket was last retrieved on May 13, 2022. A more recent docket listing may be available from PACER.
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Filing 24
AFFIDAVIT by Michael Lee. (kare)
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Filing 23
ORDER STRIKING #22 Affidavit. In support of his state law medical malpractice claim, Plaintiff has filed an Affidavit containing his own knowledge regarding his claim. Illinois state law, 735 ILCS 5 /2-622, requires an affidavit stating that there is a reasonable and meritorious cause" for litigation of a medical malpractice claim, along with a physician's report in support of the affidavit. See Young v. United States, 942 F.3d 349 (7th Cir. 2019). Plaintiff's affidavit does not comply with the statute and is STRICKEN. Signed by Chief Judge Nancy J. Rosenstengel on 10/5/2021. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 22
STRICKEN (By Order at Doc 23) - MOTION of Affidavit by Michael Lee, L. Livingston. (kare) Modified on 10/6/2021 (kek).
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Filing 21
ORDER GRANTING #20 Motion for Status. The Court's Merit Review Order of the Complaint was entered on September 22, 2021 (Doc. 16). Requests for Waivers of Service were issued to Defendants S. Stover and Wexford Health Services on September 23, 2021 (Doc. 18). After Defendants have filed their Answers, which will likely take 60-90 days, the Court will enter an Initial Scheduling and Discovery Order. Signed by Chief Judge Nancy J. Rosenstengel on 9/29/2021. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 20
MOTION for status by Michael Lee. (kare)
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Filing 19
WAIVER OF SERVICE Returned Executed Wexford Health Services waiver sent on 9/23/2021, answer due 11/22/2021. (tjk)
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Filing 18
REQUEST FOR WAIVER of Service sent to Stover and Wexford on 9/23/2021. Waiver of Service due by 10/25/2021. (tjk)
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Filing 17
HIPAA Qualified Protective Order. Signed by Chief Judge Nancy J. Rosenstengel on 9/23/2021. (kare)
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Filing 16
Order for Service of Process upon S. Stover and Wexford Health Services. Count 1 will proceed against S. Stover but is DISMISSED without prejudice as to Wexford Health Services, L. Livingston, J. Garrett, Deanna M. Brookhart, Debbie Knauer, and Rob Jeffreys. Count 2 will proceed against Stover and Wexford Health Services. The Illinois Department of Corrections is DISMISSED with prejudice. Don Lackey and Dr. Gleen Babich are DISMISSED without prejudice. Lees motions for recruitment of counsel (Docs 3, 15) are DENIED without prejudice. 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 9/22/2021. (ksp)
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Filing 15
MOTION for Recruitment of Counsel by Michael Lee. (kare)
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Filing fee: $ 402.00, receipt number 34625109581 (amv)
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Filing 14
ORDER GRANTING #13 Motion for Extension of Time; the deadline for Plaintiff to pay the $402 filing fee in full is extended to September 24, 2021. Signed by Chief Judge Nancy J. Rosenstengel on 8/26/2021. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 13
MOTION for Extension of Time to Submit Filing Fee by Michael Lee. (jaj)
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Filing 12
ORDER DENYING #10 Motion to Reconsider Filing Fee Deadline. Plaintiff's filing fee is due by September 9, 2021. (Doc. 6). In Plaintiff's motion, he states it takes 6-10 weeks for prison officials to send checks and release payments through the mail. He fears he will not meet the deadline. In the Court's experience, filing fees are frequently paid from prisoner trust fund accounts within deadlines set by the Court. Because it is three weeks until the deadline, it would be premature to extend the deadline at this time. As such, the motion is DENIED. If the filing fee is not paid by the deadline for reasons beyond Plaintiff's control, he may seek a reasonable extension of time. As a courtesy, the Clerk of Court is DIRECTED to send a copy of this Order to the Trust Fund Officer at the Lawrence Correctional Center. Signed by Chief Judge Nancy J. Rosenstengel on 8/19/2021. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 11
NOTICE OF MODIFICATION re #10 Motion for Reconsideration filed by Michael Lee. Incorrect document was attached. Document has been replaced and NEF regenerated. (mar)
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Filing 10
MOTION to Reconsider Filing Fee Dead Line by Michael Lee. (kare) (Main Document 10 replaced on 8/19/2021) (mar).
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Filing 9
ORDER DENYING #8 Motion for Miscellaneous Relief. Plaintiff requests an Order directing prison officials to release funds from his trust fund account to pay the filing fee in this lawsuit. Without an infringement on an inmate's constitutional rights, the courts generally will not interfere with the administration of a correctional facility. See Sandin v. Conner, 515 U.S. 472, 482 (1995). Prisoners have a constitutional right under the First Amendment to meaningful access to the courts but "only if the defendants' conduct prejudices a potentially meritorious challenge to the prisoner's conviction, sentence, or conditions of confinement has this right been infringed." Marshall v. Knight, 445 F.3d 965, 968 (7th Cir. 2006). Here, Plaintiff does not contend that anyone has refused a request for payment of his filing fee from his trust fund account. Plaintiff has until September 9, 2021 to pay the filing fee (Doc. 6). If he is unable to pay the filing fee by that date, he may seek a reasonable extension of that deadline. For these reasons, the motion is DENIED. Signed by Chief Judge Nancy J. Rosenstengel on 8/16/2021. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 8
MOTION for Order to take full filing fee from trust fund account by Michael Lee. (jaj)
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Filing 7
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj)
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Set/Reset Deadlines: Filing Fee due on or before 9/9/2021 (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 Lee's affidavit that he is indigent. Plaintiff's trust fund account balance as of July 27, 2021 was $5,093.73 (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 September 9, 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 8/10/2021. (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 Michael Lee 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 Michael Lee on 08/09/2021. Consent due by 8/30/2021 (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 21-900-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 8/9/2021. (kare)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 3
MOTION for Recruitment of Counsel by Michael Lee. (kare)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Michael Lee. (kare)
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Filing 1
COMPLAINT against All Defendants filed by Michael Lee.(kare)
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