West v. Wills et al
Plaintiff: Kentes West
Defendant: Anthony D. Wills, Reickart, Wexford Health Services, Reba Engelage, A. Dearmond, Melvin Hinton, Marberry, R Draper, Bordo, Bentner, Chitty, Rachel, Bent, John/Jane Doe 1, John/Jane Doe 2, John/Jane Doe 3 and Wexford Health Services, Inc.
Case Number: 3:2022cv00242
Filed: February 10, 2022
Court: US District Court for the Southern District of Illinois
Presiding Judge: Stephen P McGlynn
Nature of Suit: Prison Condition
Cause of Action: 42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 23, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 30, 2022 Filing 29 EMERGENCY MOTION for Reconsideration re #14 Order for Service of Process - Prisoner,,,,, Terminate Motions,,,, by Kentes West. (kare)
March 23, 2022 Opinion or Order Filing 28 ORDER: Plaintiff has filed a #25 motion asking about the status of his preliminary injunction motion and requesting that the Court deny the #23 motion for extension filed by Defendant Wexford because additional time will prolong a ruling on his request for emergency injunctive relief. The #25 Motion for Status and Emergency Request filed by Plaintiff is GRANTED in part and DENIED in part. The motion for preliminary injunction remains pending at this time, and the Clerk of Court is DIRECTED to send Plaintiff a copy of the docket sheet. A preliminary injunction "is an extraordinary and drastic remedy..." Mazurek v. Armstrong, 520 U.S. 968, 972 (1997). Thus, the Court will not rule on the motion for preliminary injunction until all Defendants have had an opportunity to be heard in response to Plaintiff's allegations. Defense Counsel for Wexford cannot properly respond to Plaintiff's motion requesting medical care for his shoulder without access to Plaintiff's medical records, and therefore, Wexford was given additional time. (See Doc. #23 , 26 ). Signed by Judge Stephen P. McGlynn on 3/23/2022. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
March 23, 2022 Filing 27 RESPONSE in Opposition re #7 MOTION for Preliminary Injunction filed by Bent, Chitty, Reba Engelage, Rachel, Reickart, Anthony D. Wills. (Attachments: #1 Exhibit A, #2 Exhibit B)(Shultz, Robert)
March 23, 2022 Opinion or Order Filing 26 ORDER: Because Defendant Wexford Health Sources, Inc. ("Wexford") is awaiting copies of Plaintiff's medical records, the Court finds good cause to grant additional time for Wexford to respond to the Motion for Preliminary Injunction. Thus, the #23 Motion for Extension of Time is GRANTED. Wexford's response is due on or before April 15, 2022. Signed by Judge Stephen P. McGlynn on 3/23/2022. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
March 23, 2022 Set/Reset Deadlines as to #7 MOTION for Preliminary Injunction. Wexford's response due by 4/15/2022 (lmb)
March 22, 2022 Filing 25 MOTION for status and Emergency Request by Kentes West. (kare)
March 16, 2022 Filing 24 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Scott, Brent)
March 16, 2022 Filing 23 MOTION for Extension of Time to File Response/Reply as to #7 MOTION for Preliminary Injunction by Wexford Health Services, Inc.. (Scott, Brent)
March 16, 2022 Filing 22 DEMAND for Trial by Jury by Wexford Health Services, Inc.. (Scott, Brent)
March 16, 2022 Filing 21 NOTICE of Appearance by Brent Steven Scott on behalf of Wexford Health Services, Inc. (Scott, Brent)
March 16, 2022 Filing 20 NOTICE of Appearance by Timothy P. Dugan on behalf of Wexford Health Services, Inc. (Dugan, Timothy)
March 14, 2022 Filing 19 NOTICE of Appearance by Robert Brandon Shultz on behalf of Bent, Chitty, Reba Engelage, Rachel, Reickart, Anthony D. Wills (Shultz, Robert)
March 10, 2022 Filing 18 WAIVER OF SERVICE Returned Executed Bent waiver sent on 3/9/2022, answer due 5/9/2022; Chitty waiver sent on 3/9/2022, answer due 5/9/2022; Reba Engelage waiver sent on 3/9/2022, answer due 5/9/2022; Rachel waiver sent on 3/9/2022, answer due 5/9/2022; Reickart waiver sent on 3/9/2022, answer due 5/9/2022; Anthony D. Wills waiver sent on 3/9/2022, answer due 5/9/2022. (tjk)
March 9, 2022 Filing 17 WAIVER OF SERVICE Returned Executed Wexford Health Services, Inc. waiver sent on 3/9/2022, answer due 5/9/2022. (tjk)
March 9, 2022 Opinion or Order Filing 16 HIPAA Qualified Protective Order. Signed by Judge Stephen P. McGlynn on 3/9/2022. (kare)
March 9, 2022 Filing 15 REQUEST FOR WAIVER of Service sent to Wills (official capacity only), Rieckart, Wexford, Engelage, Dearmond, Marberry, Draper, Bordo, Bentner, Chitty, Rachel, and Bent on 3/9/2022. Waiver of Service due by 4/8/2022. (tjk)
March 9, 2022 Opinion or Order Filing 14 ORDER: The Complaint survives preliminary review pursuant to Section 1915A. Defendants Melvin Hinton, John/Jane Doe 1, John/Jane Doe 2, and John/Jane Doe 3 are DISMISSED without prejudice. The Clerk of Court is DIRECTED to TERMINATE them as parties. The Court DENIES the request for a temporary restraining order and DEFERS ruling on the request for a preliminary injunction. (Doc. #7 ). Defendants are ORDERED to respond to the request for a preliminary injunction within 14 days of service of the pleadings in this case. The Motion for Recruitment of Counsel is DENIED. (Doc. #2 ). The Clerk of Court is DIRECTED to ENTER the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. The Clerks is further DIRECTED to service process on the following Defendants in accordance with this Order: Wills (official capacity only), Rieckart, Wexford, Engelage, Dearmond, Marberry, Draper, Bordo, Bentner, Chitty, Rachel, and Bent. Signed by Judge Stephen P. McGlynn on 3/9/2022. (jrj)
March 8, 2022 Filing 13 Prisoner Trust Fund Account Statement. (kare)
March 8, 2022 Filing 12 NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 257, this case will remain with the assigned District Judge Stephen P. McGlynn. This Notice does not alter any prior referrals of motions or matters pursuant to 28 U.S.C. Sec. 636(b)(1-3). (kare)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
March 8, 2022 Filing 11 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare)
March 4, 2022 Filing 10 NOTICE: Plaintiff 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, Plaintiff shall return the form within 7 days or face possible sanctions. Consent due by 3/11/2022 (kare)
February 25, 2022 Filing fee: $ 402.00, receipt number 34625111691 (jlh)
February 15, 2022 Opinion or Order Filing 9 ORDER DENYING Plaintiff's motion to proceed in forma pauperis (Doc. #3 ). 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 Wests affidavit that he is indigent. Plaintiff's trust fund account balance as of February 8, 2022 was $629.71 (Doc. #8 ). Accordingly, the Court DENIES the motion for leave to proceed in forma pauperis (Doc. #3 ). Plaintiff shall pay the $402.00 filing fee no later than March 17, 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 Stephen P. McGlynn on 2/15/2022. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
February 14, 2022 Filing 8 Prisoner Trust Fund Account Statement. (kare)
February 11, 2022 Opinion or Order Filing 6 ORDER: Plaintiff has filed a Motion for Leave to Proceed in Forma Pauperis ("IFP") in this case (see Doc. #3 ), but has failed to provide the necessary prisoner trust fund account information as required by the PLRA. 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 8/1/2021 to 2/10/2022 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 Stateville and at Menard Correctional Center. (Trust Fund Statement due on or before 3/28/2022). Signed by Judge Stephen P. McGlynn on 2/11/2022. (tjk)
February 10, 2022 Filing 7 MOTION for Preliminary Injunction and (TRO) Temporary Restraining Order by Kentes West. (kare)
February 10, 2022 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 02/10/2022. Consent due by 3/3/2022 (kare)
February 10, 2022 Opinion or Order 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 22-242-SPM. 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 Stephen P. McGlynn on 2/10/2022. (kare)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
February 10, 2022 Filing 3 MOTION for Leave to Proceed in forma pauperis by Kentes West. (kare)
February 10, 2022 Filing 2 MOTION for Recruitment of Counsel by Kentes West. (kare)
February 10, 2022 Filing 1 COMPLAINT against All Defendants filed by Kentes West.(kare)

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Search for this case: West v. Wills et al
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Plaintiff: Kentes West
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Defendant: Anthony D. Wills
Represented By: Robert Brandon Shultz
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Defendant: Reickart
Represented By: Robert Brandon Shultz
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Defendant: Wexford Health Services
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Defendant: Reba Engelage
Represented By: Robert Brandon Shultz
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Defendant: A. Dearmond
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Defendant: Melvin Hinton
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Defendant: Marberry
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Defendant: R Draper
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Defendant: Bordo
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Defendant: Bentner
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Defendant: Chitty
Represented By: Robert Brandon Shultz
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Defendant: Rachel
Represented By: Robert Brandon Shultz
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Defendant: Bent
Represented By: Robert Brandon Shultz
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Defendant: John/Jane Doe 1
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Defendant: John/Jane Doe 2
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Defendant: John/Jane Doe 3
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Defendant: Wexford Health Services, Inc.
Represented By: Timothy P. Dugan
Represented By: Brent Steven Scott
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