Gabb v. Austin
| Tyrone Gabb |
| Warden Austin, Dr. Tran, John or Jane Doe, Wexford Health Source Inc. and Warden Thomas Austin |
| 3:2022cv00086 |
| January 18, 2022 |
| US District Court for the Southern District of Illinois |
| David W Dugan |
| Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on December 20, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 36 WAIVER OF SERVICE Returned Executed Dr. Tran waiver sent on 3/10/2022, answer due 5/9/2022. (tjk) |
| Filing 35 WAIVER OF SERVICE Returned Executed Thomas Austin waiver sent on 2/7/2022, answer due 4/8/2022. (tjk) |
| Filing 34 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Fuller, Victoria) |
| Filing 33 SECOND REQUEST FOR WAIVER of Service sent to Tran on 3/10/2022. Waiver of Service due by 4/11/2022. (tjk) |
| Filing 32 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 31 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Fritz, Abbey) |
| Filing 30 REPLY to #29 Response in Opposition to Motion filed by Tyrone Gabb. (kare) |
| Filing 29 RESPONSE in Opposition re #1 MOTION for Preliminary Injunction filed by Thomas Austin. (Attachments: #1 Exhibit A)(Fuller, Victoria) |
| Filing 28 NOTICE FROM CLERK Instructing Warden Thomas Austin 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 Warden Thomas Austin on 2/17/22. Consent due by 3/10/2022 (jlh) |
| Filing 27 NOTICE of Appearance by Victoria Fuller on behalf of Thomas Austin (Fuller, Victoria) |
Filing 26
HIPAA Qualified Protective Order. Signed by Judge David W. Dugan on 2/16/2022. (kdw)
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| Filing 25 NOTICE OF MODIFICATION re 23 Order. Docket text modified to reflect that Documents 19 and 21, not Document 20, shall be mailed to Plaintiff. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
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Filing 24
ORDER granting #20 Motion for Protective Order. The Clerk's Office is DIRECTED to enter the standard HIPPA Qualified Protective Order herein. Signed by Judge David W. Dugan on 2/15/2022. (kgk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 23
ORDER: This case is scheduled for a hearing on the preliminary injunction on February 16, 2022. On February 15, 2022, Defendants filed a response to the motion wherein they indicated that Plaintiff received the dental care sought by the motion for a preliminary injunction, namely Plaintiff's fractured tooth was extracted and he was given medications to manage the pain. [Docs. 20, 21]. In light of the dental care that was just rendered the Court finds that the emergency hearing on Plaintiff's Motion for a Preliminary Injunction is not necessary. The February 16, 2022, hearing scheduled for 10a.m. is CANCELLED. Plaintiff shall have 21 days to respond to the Defendants filings on his Motion for a Preliminary Injunction. To assist him, the Clerk of Court is DIRECTED to mail him copies of this docket order along with the Defendants' pleadings [Docs. 19, 21]. Signed by Judge David W. Dugan on 2/15/2022. (kgk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. Modified on 2/16/2022 (tjk).
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| Filing 22 NOTICE FROM CLERK Instructing Wexford Health Source Inc. 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 Wexford Health Source Inc. on 2/15/22. Consent due by 3/8/2022 (jlh) |
| Filing 21 RESPONSE in Opposition re #1 MOTION for Preliminary Injunction (Supplemental) filed by Wexford Health Source Inc.. (Fritz, Abbey) |
| Filing 20 MOTION for Protective Order [HIPAA-Qualified] by Wexford Health Source Inc.. (Fritz, Abbey) |
| Filing 19 MEMORANDUM in Opposition re #1 MOTION for Preliminary Injunction filed by Wexford Health Source Inc.. (Attachments: #1 Exhibit B)(Fritz, Abbey) |
| Filing 18 DEMAND for Trial by Jury by Wexford Health Source Inc.. (Fritz, Abbey) |
| Filing 17 NOTICE of Appearance by Abbey A. Fritz on behalf of Wexford Health Source Inc. (Fritz, Abbey) |
| Filing 16 NOTICE of Appearance by Rodney M. Sharp on behalf of Wexford Health Source Inc. (Sharp, Rodney) |
| Filing 15 WAIVER OF SERVICE Returned Executed Wexford Health Source Inc. waiver sent on 2/7/2022, answer due 4/8/2022. (tjk) |
| Filing 14 VIDEO WRIT ISSUED as to Tyrone Gabb, K56693 to be held 2/16/2022 at 10:00 a.m. via Zoom video conference before Judge David W. Dugan. (dmw2) |
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Filing 13
ORDER Setting Hearing on Motion #1 MOTION for Preliminary Injunction: Motion Hearing set for 2/16/2022 at 10:00 AM via Zoom video conference before Judge David W. Dugan. A video writ will be issued for Plaintiff's appearance. The Clerk's Office is DIRECTED to send Defendants a copy of the Motion for Preliminary Injunction (Doc. #1 ), and Defendants are DIRECTED to file a response to the request for preliminary injunctive relief within 14 days. Signed by Judge David W. Dugan on 2/8/2022. (dmw2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 12
HIPAA Qualified Protective Order. Signed by Judge David W. Dugan on 2/7/2022. (kare)
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| Filing 11 REQUEST FOR WAIVER of Service sent to Tran, Wexford Health Source, and Austin on 2/7/2022. Waiver of Service due by 3/9/2022. (tjk) |
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Filing 10
ORDER FOR SERVICE: Plaintiff's Complaint (Doc. 5 ) survives screening under 28 U.S.C. 1915A against Defendants Dr. Tran, John Doe, and Wexford Health Source. Plaintiff's Motion for Service of Process #7 is GRANTED. The Clerk of Court is DIRECTED to ADD Warden Thomas Austin in his official capacity only for purposes of answering discovery directed at identifying Defendant John Doe. The Clerk of Court is DIRECTED to prepare for Defendant Tran, Wexford Health Source, and Austin (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, and this Memorandum and Order to the defendant's place of employment as identified by Plaintiff. The Court will set a hearing on the preliminary injunction (Doc. 1) by separate order. Signed by Judge David W. Dugan on 2/7/2022. (kgk)
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| Filing fee: $ 402.00, receipt number 34625111412 (adh) |
| Filing Fee due on or before 2/23/2022 (kare) |
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Filing 9
ORDER DENYING Plaintiff's motion to proceed in forma pauperis (Doc. #6 ). A federal court may permit an indigent party to proceed without pre-payment of fees. 28 U.S.C. 1915(a)(1). The Court is not satisfied from Gabb's affidavit that he is indigent. Plaintiff's trust fund account balance as of January 13, 2022, was $665.07 (Doc. #6 ). Accordingly, the Court DENIES the motion for leave to proceed in forma pauperis (Doc. #6 ). Plaintiff shall pay the $402.00 filing fee no later than February 23, 2022. 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 David W. Dugan on 1/24/2022. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 8 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare) |
| Filing 7 MOTION for Service of Process at Government Expense by Tyrone Gabb. (kare) |
| Filing 6 MOTION for Leave to Proceed in forma pauperis by Tyrone Gabb. (kare) |
| Filing 5 COMPLAINT against All Defendants filed by Tyrone Gabb.(kare) |
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Filing 4
ORDER DEFERRING RULING on #1 Motion for Preliminary Injunction until the Court receives a complaint and either a filing fee or IFP motion. The deadline for filing a complaint and either paying the full filing fee OF $402 or filing an IFP motion is February 17, 2022. Gabb is WARNED that failure to comply with this Order by the prescribed deadline shall result in dismissal of this action. See 28 U.S.C. 1915(b)(1). The Clerk of Court is DIRECTED to SEND Gabb a blank civil rights complaint form along with a copy of this Order. Signed by Judge David W. Dugan on 1/19/2022. (jsy)
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| Filing 3 NOTICE FROM CLERK Instructing Tyrone Gabb 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 Tyrone Gabb on 1/18/2022. Consent due by 2/8/2022 (kare) |
| Filing 2 Case Opening Letter to Tyrone Gabb (Attachments: #1 Motion For IFP) (kare) |
| Filing 1 MOTION for Preliminary Injunction by Tyrone Gabb. (kare) |
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