Wachter v. Jeffries et al
| Marc Wachter |
| Rob Jeffries, Debbie Knoure, John/Jane Doe 1, Lana, V. Shaw, Lana Nalewajka, Dr. Vipin Shah, Warden of Centralia Correctional Center, Tish Brashera-Finney and Percy Myers |
| 3:2021cv01536 |
| December 2, 2021 |
| US District Court for the Southern District of Illinois |
| David W Dugan |
| Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 10, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 84 REPLY to Response to Motion re #80 MOTION for Summary Judgment filed by Tish Brashera-Finney. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Grady, Katherine) |
| Filing 83 RESPONSE in Opposition re #80 MOTION for Summary Judgment filed by Marc Wachter. (kare) |
| Filing 82 RESPONSE in Opposition re #79 MOTION for Summary Judgment on the Issue of Exhaustion of Administrative Remedies and Memorandum in Support Thereof filed by Marc Wachter. (kare) |
| Filing 81 MEMORANDUM in Support re #80 MOTION for Summary Judgment filed by Tish Brashera-Finney. (Attachments: #1 Exhibit A - Plaintiff's Administrative Review Board Records, #2 Exhibit B - Plaintiff's Centralia Grievance Records)(Grady, Katherine) |
| Filing 80 MOTION for Summary Judgment by Tish Brashera-Finney. (Grady, Katherine) |
| Filing 79 MOTION for Summary Judgment on the Issue of Exhaustion of Administrative Remedies and Memorandum in Support Thereof by Lana Nalewajka. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Coffy, Dowin) |
Filing 78
ORDER: Plaintiff's Motion for Return of the Filing Fee #76 is DENIED. The obligation to pay the filing fee was incurred at the time that Plaintiff filed case number 21-cv-577, along with his application to proceed in forma pauperis, and then when he paid his initial partial fee. Once a fee attaches, it must be paid in full regardless of the outcome of the case. The later joinder of cases 21-cv-1536 and 22-cv-577 did nothing to the filing fees for either case. Accordingly, Plaintiff's Motion for a Refund will be denied. Plaintiff also moved for a free copy of the docket sheet. Plaintiff will be granted #77 a one-time courtesy copy, but he will be required to pay.50 cents per page for future copy requests. The Clerk of Court is DIRECTED to send Plaintiff a full copy of the docket sheet for case number 21-cv-1536. Signed by Judge David W. Dugan on 2/24/2023. (kgk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 77 MOTION for Free Copy of Docket Sheet by Marc Wachter. (jaj) |
| Filing 76 MOTION for Return of Filing Fee by Marc Wachter. (jaj) |
| Filing 75 RESPONSE to #73 Response (Plaintiff's Motion for Settlement Conference) filed by Tish Brashera-Finney, Percy Myers, Dr. Vipin Shah. (Grady, Katherine) |
|
Filing 74
ORDER: The IDOC Defendants' Motion to Substitute #72 is GRANTED. Attorney Areda Johnson shall be TERMINATED as counsel from this matter, Attorney Dowin Coffy shall remain to represent the Defendants. Signed by Judge David W. Dugan on 1/13/2023. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 73 RESPONSE to #70 Scheduling Order,, filed by Marc Wachter. (kare) |
| Filing 72 MOTION to Substitute Attorney by Lana Nalewajka, Warden of Centralia Correctional Center. (Coffy, Dowin) |
| Filing 71 NOTICE of Appearance by Dowin Coffy on behalf of Lana Nalewajka, Warden of Centralia Correctional Center (Coffy, Dowin) |
|
Filing 70
REVISED SCHEDULING ORDER: As explained in this Order, Defendants Nalewajka and Brashera-Finney shall have until February 28, 2023, to file a motion for summary judgment on the issue of exhaustion of administrative remedies, or to withdraw this affirmative defense. Ruling on Defendant Myers' Motion for Summary Judgment (Doc. 58) will be DEFERRED until all defendants have resolved this issue. Defendant Shah did not indicate an intent to pursue this defense in his answer. The parties should closely review this Order for additional details. Signed by Judge David W. Dugan on 12/28/2022. (kgk)
|
| Filing 69 ANSWER to #44 Amended Complaint [and Defendant's Affirmative Defenses] by Tish Brashera-Finney.(Grady, Katherine) |
| Filing 68 DEMAND for Trial by Jury by Tish Brashera-Finney. (Grady, Katherine) |
| Filing 67 NOTICE of Appearance by Katherine Marie Grady on behalf of Tish Brashera-Finney (Grady, Katherine) |
| Filing 66 NOTICE of Appearance by Rodney M. Sharp on behalf of Tish Brashera-Finney (Sharp, Rodney) |
| Filing 65 WAIVER OF SERVICE Returned Executed Tish Brashera-Finney waiver sent on 10/25/2022, answer due 12/27/2022. (jaj) |
| Filing 64 RESPONSE to 63 Order on Motion to Clarify,,,,,,,,,, Order on Motion to Amend/Correct,,,,,,,,, filed by Marc Wachter. (kare) |
|
Filing 63
ORDER: Plaintiff's Motion for Clarification #61 is GRANTED. In the motion, Plaintiff states that he would like to forgo the opportunity to file a consolidated amended complaint, and that he would like to proceed on the claims as previously defined by the Court. Those claims are: (1) Eighth Amendment deliberate indifference claim against Defendant Shaw for medical treatment provided in April and May of 2021; (2) Eighth Amendment deliberate indifference claim against Defendant Lana Nalewajka for her response to Plaintiff's medical needs [Docs. 13, 42]; (1A) Eighth Amendment claim against Defendants Myers and Brashera-Finney for exhibiting deliberate indifference to Plaintiff's serious medical needs by denying adequate medical treatment for side effects of Mobic on July 27, 2021 [Doc. 60]. Because Plaintiff will not be filing a consolidated amended complaint, the Court asks that he re-submit his amended complaint from case 22-cv-577, so that it may be properly docketed in this consolidated case---21-cv-1536. The Court discovered in the consolidation of these two matters that a few pages of the electronic file from Plaintiff's amended complaint in case 22-cv-577 were damaged. [Case No. 22-cv-577, Docket entry 65]. The pages are pages 13 and 14, it appears based on the rest of the complaint that these two pages were exhibits or grievances. The Court does not believe that the damaged pages impact the substance of the claims presented, because the claims did not change from the original to the amended complaint against Defendants Myers and Brashera-Finney. If Plaintiff does not have copies, the Court will docket the damaged version with a notation about the missing pages. Plaintiff shall submit the missing pages, or notify the Court if he does not have them, by November 21, 2022. At that time, the Court will issue a scheduling order for the case to proceed on Claims 1, 2, and 1A, as defined above. Defendant Nalewajka's Motion for an Extension #62 is granted, a new schedule will issue after November 21, 2022, to give all parties adjusted deadlines now that this matter has been consolidated with 22-cv-577.. Signed by Judge David W. Dugan on 11/8/2022. (kgk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Action due by 11/21/2022 per Order at doc 63. (jlh) |
| Filing 62 MOTION to Amend/Correct #43 Scheduling Order by Lana Nalewajka. (Johnson, Areda) |
| Filing 61 MOTION for Clarification by Marc Wachter. (kare) |
| Filing 55 COMPLAINT against All Defendants, filed by Marc Wachter.(jlh) |
| Set/Reset Deadlines: Amended Pleadings due by 11/30/2022. (jlh) |
|
Filing 60
ORDER: For reasons explained herein, Plaintiff's Motion to Amend 54 is GRANTED and the Clerk of Court is DIRECTED to docket his proposed amended complaint and declaration as one document. The Amended Complaint fails to state a claim, so once it is docketed, the Clerk of Court shall TERMINATE Defendants Morgan, Boyles, Goate, IDOC, Rob Jeffries, Wexford Medical Services, and the State of Illinois because Plaintiff has not stated sufficient claims against these parties. The only claim in this case is Claim 1 against Defendants Myers and Brashera-Finney. That claim is unchanged. Signed by Judge David W. Dugan on 9/23/2022. (kgk) (jlh) (Entered: 11/01/2022)
|
| Filing 59 RESPONSE in Opposition re 41 MOTION for Summary Judgment re Exhaustion filed by Marc Wachter. (jaj) . (jlh) (Entered: 11/01/2022) |
| Filing 58 MOTION for Summary Judgment re Exhaustion by Percy Myers. (Sharp, Rodney) . (jlh) (Entered: 11/01/2022) |
|
Filing 57
INITIAL SCHEDULING AND DISCOVERY ORDER: Plaintiff shall have until July 26, 2022, to file a motion to substitute a specific Defendant for the Jane Doe or, if the Jane Doe remain unidentified, to file a motion specifying additional steps that can be taken to identify the Jane Doe. Defendants shall have until July 26, 2022, to file a motion for summary judgment on the issue of exhaustion of administrative remedies. The Clerk of Court is DIRECTED to change Defendants' names in accordance with footnote 1. Signed by Judge Staci M. Yandle on 5/24/2022. (ksp) (jlh) (Entered: 11/01/2022)
|
|
Filing 56
ORDER for Service of Process upon Dr. Meyers and the Warden of Centralia Correctional Center (official capacity only). Count 1 will proceed against Dr. Meyers and Jane Doe 1 in their individual capacities. The injunctive relief claim will proceed against the Warden of Centralia Correctional Center in his/her official capacity. Counts 2, 3, and 4 and Defendants Morgan, Goate, and Boyles are DISMISSED without prejudice and the Clerk of Court is DIRECTED to terminate Morgan, Goate, and Boyles as defendants. Further, the requests for TRO and preliminary injunction in the Complaint and in the separate motion (Docs. 1, 6) are DENIED without prejudice. Signed by Judge Staci M. Yandle on 3/25/2022. (ksp) . (Entered: 11/01/2022)
|
|
Filing 54
ORDER: As explained in this Order, the Court sua sponte directs the consolidation of this case (21-cv-1536) with Wachter v. Meyers (22-cv-577-DWD). This case will be the LEAD case, and all future filings should be labeled with case number 21-cv-1536. Plaintiff shall have until November 30, 2022, to file an amended consolidated complaint. The Clerk of Court is directed to send him a standard civil rights complaint form to help him prepare an amended pleading. Plaintiff's Motion for Status #53 is DENIED as MOOT in light of this Order.. Signed by Judge David W. Dugan on 10/31/2022. (kgk)
|
| Filing 53 MOTION for status re #51 MOTION for Extension of Time by Marc Wachter. (kare) |
|
Filing 52
ORDER: Plaintiff's Motion for an Extension #51 is DENIED. Plaintiff seeks 30 additional days to file a motion to reconsider. The Court assumes that Plaintiff wants to file a motion to reconsider the order of initial review on his amended complaint [Doc. 42]. A motion to reconsider would not be a proper way to add claims to this lawsuit, so Plaintiff's motion for an extension to file a motion to reconsider will be denied. If Plaintiff seeks to add additional claims, he may file a motion to amend, and a proposed amended complaint. Signed by Judge David W. Dugan on 10/20/2022. (kgk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 51 MOTION for Extension of Time by Marc Wachter. (kare) |
|
Filing 50
ORDER: Attorney Kevin Peek's Motion to Withdraw #46 is GRANTED. Attorney Katherine Grady shall remain as counsel for Defendant Vipin Shah. Signed by Judge David W. Dugan on 9/27/2022. (kgk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
|
Filing 49
ORDER: Plaintiff's Motion to Correct the Scheduling Order #47 is GRANTED. Plaintiff indicates in his motion that the scheduling order incorrectly stated that he still owed money towards his initial partial filing fee, when he believed he had satisfied the fee. The Court checked the records for this case and confirmed that Mr. Wachter is correct, he has already paid the full filing fee. In light of this development, the portion of the Initial Scheduling Order that sets a November 7, 2022 deadline to pay any fee is SATISFIED. Plaintiff need not take further action because his filing fee has been fully paid. Signed by Judge David W. Dugan on 9/27/2022. (kgk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 48 NOTICE: The Court has received from Plaintiff Certificate of Mailing. These documents will not be filed as it would violate this Court's Local Rule 26.1(b). No discovery materials shall be filed. Your documents were received electronically, therefore, will not be returned to you. (kare)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 47 MOTION to Amend/Correct #43 Scheduling Order by Marc Wachter. (kare) |
| Filing 46 MOTION to Withdraw as Attorney of Kevin K. Peek by Dr. Vipin Shah. (Peek, Kevin) |
| Filing 45 NOTICE of Appearance by Katherine Marie Grady on behalf of Dr. Vipin Shah (Grady, Katherine) |
| Filing 44 AMENDED COMPLAINT against All Defendants, filed by Marc Wachter.(jlh) |
|
Filing 43
SCHEDULING ORDER: Dispositive Motions re Exhaustion of Administrative Remedies due by 11/7/2022. Signed by Judge David W. Dugan on 9/5/2022. (kgk)
|
|
Filing 42
ORDER: For reasons explained herein, Plaintiff's Motion to Amend 39 is GRANTED, and the Clerk is DIRECTED to docket Plaintiff's proposed amended complaint. However, the complaint does not add new valid claims to this case, so further service of process is not necessary. Plaintiff's Motion for Copies #23 and his Motion for Status #28 are DENIED as MOOT. Plaintiff's Motions to Supplement [18, 19], his Motion for Joinder #21 , and his Motion for Appointment of Counsel #29 are all DENIED without prejudice. Signed by Judge David W. Dugan on 9/5/2022. (kgk)
|
| Filing 41 NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 257, this case will remain with the assigned District Judge David W. Dugan. This Notice does not alter any prior referrals of motions or matters pursuant to 28 U.S.C. Sec. 636(b)(1-3). (jlh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 40 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Sharp, Rodney) |
| Filing 39 MOTION for leave to file Amended Complaint by Marc Wachter. Proposed Amended Complaint received and under review. (jaj) |
| Filing 38 NOTICE FROM CLERK Instructing V. Shaw 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 V. Shaw on 7/28/22. Consent due by 8/18/2022 (jlh) |
| Filing 37 DEMAND for Trial by Jury by V. Shaw. (Sharp, Rodney) |
| Filing 36 NOTICE of Appearance by Rodney M. Sharp on behalf of V. Shaw (Sharp, Rodney) |
| Filing 35 NOTICE of Appearance by Kevin K. Peek on behalf of V. Shaw (Peek, Kevin) |
| Filing 34 ANSWER to #1 Complaint by V. Shaw.(Peek, Kevin) |
| Filing 33 SUMMONS Returned Executed V. Shaw served on 7/6/2022, answer due 7/27/2022. (tjk) |
| Filing 32 Summons Issued as to V. Shaw. (tjk) |
| Filing 31 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Johnson, Areda) |
| Filing 30 EXHIBIT by Marc Wachter. Exhibit to #29 Motion to Appoint Counsel. (kare) |
| Filing 29 MOTION to Appoint Counsel by Marc Wachter. (kare) |
| Filing 28 MOTION for status by Marc Wachter. (kare) |
| Filing 27 ANSWER to #1 Complaint by Lana.(Johnson, Areda) |
| Filing 26 NOTICE FROM CLERK Instructing Lana and Warden of Centralia Correctional Center 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 Lana and Warden of Centralia Correctional Center on 5/4/22. Consent due by 5/25/2022 (jlh) |
| Filing 25 NOTICE of Appearance by Areda Johnson on behalf of Lana, Warden of Centralia Correctional Center (Johnson, Areda) |
| Filing 24 WAIVER OF SERVICE Returned Executed Warden of Centralia Correctional Center waiver sent on 3/7/2022, answer due 5/6/2022. (tjk) |
| Filing 23 MOTION for Copies and MOTION for Extension of Time by Marc Wachter. (jaj) |
| Filing 22 WAIVER OF SERVICE Returned Executed Lana waiver sent on 3/7/2022, answer due 5/6/2022. (tjk) |
| Filing 21 MOTION for Joinder of Claims by Marc Wachter. (clt) |
| Filing 20 SECOND REQUEST FOR WAIVER of Service sent to Shaw on 4/7/2022. Waiver of Service due by 5/9/2022. (tjk) |
| Filing 19 MOTION for Leave to File Supplement by Marc Wachter. (kare) |
| Filing 18 MOTION for Leave to File Supplement by Marc Wachter. (kare) |
| Filing 17 REQUEST FOR WAIVER of Service sent to Warden, Centralia CC on 3/7/2022. Waiver of Service due by 4/6/2022. (jaj) |
| Filing 16 REQUEST FOR WAIVER of Service sent to Dr. Shaw on 3/7/2022. Waiver of Service due by 4/6/2022. (jaj) |
| Filing 15 REQUEST FOR WAIVER of Service sent to Lana on 3/7/2022. Waiver of Service due by 4/6/2022. (jaj) |
|
Filing 14
HIPAA Qualified Protective Order. Signed by Judge David W. Dugan on 3/7/2022. (kare)
|
|
Filing 13
Order for Service of Process: Claim 1 survives initial review against Dr. Shaw. Claim 2 survives initial review against Lana, the health care administrator. Claim 3 is DISMISSED without prejudice as to Defendants Jeffries, Knoure, and Jane/John Doe (IDOC healthcare administrator). Claim 3 was the only claim against these parties so the Clerk is DIRECTED to TERMINATE Defendants Jeffries, Knoure, and Jane/John Doe. The Clerk of Court is DIRECTED to ADD the Warden of Centralia (official capacity only) to implement any injunctive relief that may be granted. The Clerk of Court is DIRECTED to prepare for Defendants Dr. Shaw, Lana, Warden of Centralia (official capacity only): (1) Form 5 (Notice of a Lawsuit and Request to Waive Service of a Summons), and (2) Form 6 (Waiver of Service of Summons) and to mail these forms, a copy of the Complaint #1 , and this Memorandum and Order to the defendant's place of employment as identified by Plaintiff. The defendants must file an appropriate responsive pleading, and shall not waive filing a reply pursuant to 42 U.S.C. Section 1997e(g). However, the Warden is added solely for any injunctive relief and need not answer. Signed by Judge David W. Dugan on 3/4/2022. (kgk)
|
|
Filing 12
ORDER GRANTING #11 Motion for Status. Plaintiff's Complaint is currently awaiting preliminary review by the Court pursuant to 28 U.S.C. 1915A. This review generally takes sixty days but may take longer. No additional evidence, arguments, motions, or documents are needed at this time. A copy of the Court's Merit Review Order will be forwarded to Plaintiff as soon as this review is completed. Signed by Judge David W. Dugan on 2/1/2022. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 11 MOTION for status by Marc Wachter. (kare) |
| Partial Filing fee: $ 32.60, receipt number 34625111289 (adh) |
|
Filing 10
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #2 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $70.37. The agency having custody of Plaintiff is directed to forward the initial partial filing fee from Plaintiff's account to the Clerk of Court upon receipt of this Order. 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 send a copy of this Order to the Trust Fund Officer at the Centralia Correctional Center upon entry of this Order. Signed by Judge David W. Dugan on 12/14/2021. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 9 Prisoner Trust Fund Account Statement. (kare) |
| Filing 8 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare) |
|
Filing 7
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 10/19/2021 to 12/2/2021 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 Centralia Correctional Center. (Trust Fund Statement due on or before 1/18/2022). Signed by Judge David W. Dugan on 12/3/2021. (tjk)
|
|
Filing 6
ORDER DENYING #3 Motion for Leave to Amend Complaint. Plaintiff filed a motion to amend complaint contemporaneously with the filing of his Complaint. He states the motion is a precaution. Because he does not seek to amend his complaint at this time, and has not submitted a proposed amended complaint, the motion is DENIED. Signed by Judge David W. Dugan on 12/3/2021. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 5 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 12/2/2021. Consent due by 12/23/2021 (kare) |
|
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 21-1536-DWD. 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 David W. Dugan on 12/2/2021. (kare)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 3 MOTION for Leave to Amend Complaint by Marc Wachter. (kare) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Marc Wachter. (kare) |
| Filing 1 COMPLAINT against All Defendants filed by Marc Wachter.(kare) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
