Morlan v. Advanced Correctional Healthcare, Inc. et al
| Earl Michael Morlan |
| Advanced Correctional Healthcare, Inc., Nurse Danielle, Dr. Lockheart, Danielle Ward and Marion County Law Enforcement Center Jail Administrator |
| 3:2021cv01021 |
| August 18, 2021 |
| US District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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This docket was last retrieved on January 18, 2023. A more recent docket listing may be available from PACER.
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Filing 29
INITIAL SCHEDULING ORDER: Motion to amend complaint due 1/7/2022. Dispositive motions re: exhaustion of administrative remedies due by 12/7/2021. The Clerk's Office is DIRECTED to SUBSTITUTE "DANIELLE WARD, LPN" in place of Nurse Danielle as a defendant in CM/ECF. Signed by Judge J. Phil Gilbert on 10/7/2021. (jsy)
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| Filing 28 ANSWER to #1 Complaint and Affirmative Defenses by Nurse Danielle, Dr. Lockheart.(Wirth, Betsy) |
| Filing 27 Minute Entry for proceedings held before Judge J. Phil Gilbert: Preliminary Injunction Hearing held on 9/14/2021. After hearing arguments, the Court finds that Plaintiff has failed to make the requisite showing for preliminary injunctive relief, and Plaintiff's #19 motion is therefore DENIED. (Court Reporter Amy Richardson.) (tag) |
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Filing 26
ORDER DENYING #19 Motion for Preliminary Injunction. Signed by Judge J. Phil Gilbert on 9/14/2021. (jsy)
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| Filing 25 RESPONSE to Motion re #19 MOTION for Preliminary Injunction filed by Nurse Danielle, Dr. Lockheart. (Attachments: #1 Exhibit Marion County Medical Records, #2 Exhibit Affidavit of Dr. Hughes Lochard)(Wirth, Betsy) |
| Filing 24 NOTICE of HEARING Regarding #19 MOTION for Preliminary Injunction. The Motion Hearing is scheduled for 9/14/2021 at 11:00 AM via video before Judge J. Phil Gilbert. Information regarding the video conference will be sent by email to all parties.(tag)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 23 WAIVER OF SERVICE Returned Executed Marion County Law Enforcement Center Jail Administrator waiver sent on 9/2/2021, answer due 11/1/2021. (tjk) |
| Set Deadlines as to #19 MOTION for Preliminary Injunction. Responses due by 9/10/2021 (kek) |
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Filing 22
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #2 ). Plaintiff has been without funds for four months, he is currently without funds, and he appears to have no means currently with which to pay an initial partial filing fee. Accordingly, the Court will not assess an initial partial filing fee. See 28 U.S.C. 1915(b)(4). Plaintiff shall make monthly payments of 20% of the preceding month's income credited to Plaintiff's prison trust fund account (including all deposits to the inmate account from any source) until the $350.00 filing fee is paid in full. The agency having custody of Plaintiff shall forward payments from Plaintiff's account to the Clerk of this Court each time the amount in the account exceeds $10 until the $350.00 filing fee is paid.In addition, Plaintiff shall note that the filing fees for multiple cases cumulate. See Newlin v. Helman, 123 F.3d 429, 436 (7th Cir. 1997), overruled in part on other grounds by Lee v. Clinton, 209 F.3d 1025 (7th Cir. 2000); Walker v. O'Brien, 216 F.3d 626 (7th Cir. 2000). A prisoner who files one suit must remit 20% of his monthly income to the Clerk of the Court until his fees have been paid; a prisoner who files a second suit or an appeal must remit 40%; and so on. Newlin, 123 F.3d at 436. "Five suits or appeals mean that the prisoner's entire monthly income must be turned over to the court until the fees have been paid." Id. Payments shall be mailed to: Clerk of the Court, United States District Court for the Southern District of Illinois, 750 Missouri Avenue, East St. Louis, Illinois 62201. The Clerk is DIRECTED to mail a copy of this Order to the Trust Fund Officer at the Marion County Law Enforcement Center upon entry of this Order. Signed by Judge J. Phil Gilbert on 9/2/2021. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 21 REQUEST FOR WAIVER of Service sent to Marion County Law Enforcement Center Jail Administrator on 9/2/2021. Waiver of Service due by 10/4/2021. (tjk) |
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Filing 20
ORDER FOR SERVICE OF PROCESS upon MARION COUNTY LAW ENFORCEMENT CENTER JAIL ADMINISTRATOR (official capacity only) and DEFERRING a decision on #19 Motion for Preliminary Injunction filed by Earl Michael Morlan on September 1, 2021. In the #1 Complaint and #19 Motion, Plaintiff explains that he suffered two heart attacks in the six months leading up to his detention at Marion County Law Enforcement Center, and he has since suffered two additional heart-related events that necessitated treatment in a hospital emergency room. He claims that the defendants have disregarded the recommendation for further treatment with a cardiologist. Plaintiff seeks a referral for further evaluation and treatment by a cardiologist as soon as possible. Defendants are hereby ORDERED to file a written response to the motion on or before September 10, 2021, and the Scheduling Clerk is DIRECTED to set a hearing on the motion as soon as practicable thereafter. Further, IT IS ORDERED that the Marion County Law Enforcement Center Jail Administrator be ADDED as a defendant, in his or her official capacity only, for the sole purpose of carrying out any injunctive relief that is ordered herein. The Clerk's Office is DIRECTED to ADD this defendant as a party in CM/ECF and serve the Jail Administrator with the #1 Complaint and #19 Motion for Preliminary Injunction; the Jail Administrator should enter his or her appearance in this matter but is not required to file an answer. Signed by Judge J. Phil Gilbert on 9/2/2021. (jsy) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 19 MOTION for Preliminary Injunction by Earl Michael Morlan. (jaj) |
| Filing 18 Prisoner Trust Fund Account Statement by Earl Michael Morlan. (jaj) |
| Filing 17 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
| Filing 16 NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 257, this case will remain with the assigned District Judge J. Phil Gilbert. This Notice does not alter any prior referrals of motions or matters pursuant to 28 U.S.C. Sec. 636(b)(1-3). (clt)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 15 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Wirth, Betsy) |
| Filing 14 NOTICE FROM CLERK Instructing Defendants Ward and Lochard 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 Defendants Ward and Lochard on 8/27/21. Consent due by 9/17/2021 (amv) |
| Filing 13 NOTICE of Appearance by Peter R. Jennetten on behalf of Nurse Danielle, Dr. Lockheart (Jennetten, Peter) |
| Filing 12 WAIVER OF SERVICE Returned Executed by Dr. Lockheart. Dr. Lockheart waiver sent on 8/23/2021, answer due 10/22/2021. (Wirth, Betsy) |
| Filing 11 WAIVER OF SERVICE Returned Executed by Nurse Danielle. Nurse Danielle waiver sent on 8/23/2021, answer due 10/22/2021. (Wirth, Betsy) |
| Filing 10 DEMAND for Trial by Jury by Nurse Danielle, Dr. Lockheart. (Wirth, Betsy) |
| Filing 9 NOTICE of Appearance by Betsy Ann Wirth on behalf of Nurse Danielle, Dr. Lockheart (Wirth, Betsy) |
| Filing 8 REQUEST FOR WAIVER of Service sent to NURSE DANIELLE and DR. LOCKHEART on 8/23/2021. Waiver of Service due by 9/22/2021. (tjk) |
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Filing 7
HIPAA Qualified Protective Order. Signed by Judge J. Phil Gilbert on 8/23/2021. (jaj)
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Filing 6
ORDER FOR SERVICE OF PROCESS on NURSE DANIELLE and DR. LOCKHEART. The #1 Complaint survives screening. COUNT 1 will proceed against NURSE DANIELLE and DR. LOCKHEART, but this claim is DISMISSED without prejudice against ADVANCED CORRECTIONAL HEALTHCARE, INC. The Clerk of Court is DIRECTED to TERMINATE Advanced Correctional Healthcare, Inc. as a party in CM/ECF and ENTER the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. Signed by Judge J. Phil Gilbert on 8/20/2021. (jsy)
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Filing 5
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 8/18/2021 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 Marion County Law Enforcement Center. (Trust Fund Statement due on or before 10/4/2021). Signed by Judge J. Phil Gilbert on 8/19/2021. (tjk)
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| Filing 4 NOTICE FROM CLERK Instructing Earl Michael Morlan 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 Earl Michael Morlan on 08/18/2021. Consent due by 9/8/2021 (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 21-1021-JPG. 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 J. Phil Gilbert on 8/18/2021. (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 Earl Michael Morlan. (kare) (Main Document 2 replaced on 8/19/2021) (jlrr). |
| Filing 1 COMPLAINT against All Defendants filed by Earl Michael Morlan.(kare) (Main Document 1 replaced on 8/19/2021) (jlrr). |
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