Wachter v. Meyers et al
| Marc Wachter |
| Dr. Meyers, Jane Doe 1, Lieutenant Morgan, Lieutenant Goate, Lieutenant Boyles, Warden, Percy Myers, Daniel Monti, Tish Brashera-Finney, Rob Jeffries, IDOC, State of Illinois and Wexford Medical Services |
| 3:2022cv00577 |
| March 22, 2022 |
| U.S. District Court for the Southern District of Illinois |
| David W Dugan |
| Staci M Yandle |
| Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on November 3, 2022. A more recent docket listing may be available from PACER.
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| Filing 72 ENTRY STRICKEN - WAIVER OF SERVICE Returned Executed Tish Brashera-Finney waiver sent on 10/25/2022, answer due 12/27/2022. (jaj) Modified on 11/18/2022 (jaj). |
Filing 71
ORDER: As explained in this Order, the Court sua sponte directs the consolidation of this case (22-577-DWD) with Wachter v. Shaw, et al. (21-cv-1536-DWD). Case No. 21-cv-1536-DWD 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. Defendant Meyers' Motion for Summary Judgment (Doc. 41) and Plaintiff's Response (Doc. 47) shall be DOCKETED as entries in the lead case. The Clerk of Court is also DIRECTED to docket the following items in the consolidated case: Docs. 1, 10, 30, and 63. The Court DIRECTS the administrative closure of this case, because it has been consolidated with 21-cv-1536-DWD by the terms of this Order. Signed by Judge David W. Dugan on 10/31/2022. (kgk)
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| Filing 70 MOTION for status by Marc Wachter. (jaj) |
| Filing 69 THIRD REQUEST FOR WAIVER of Service sent to Tish Brashera-Finney on 10/25/2022. Waiver of Service due by 11/28/2022. (tjk) |
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Filing 68
ORDER: Plaintiff's Motion for an Extension #67 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. 63]. 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.
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| Filing 67 MOTION for Extension of Time by Marc Wachter. (kare) |
| Filing 66 SECOND REQUEST FOR WAIVER of Service sent to Tish Brashera-Finney on 10/5/2022. Waiver of Service due by 11/4/2022. (tjk) |
| Filing 65 AMENDED COMPLAINT against All Defendants, filed by Marc Wachter. (Attachments: #1 Exhibit Declaration or Affidavit of Event for Evidence)(adh) |
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Filing 64
ORDER: Attorney Kevin Peek's Motion to Withdraw #62 as counsel for Percy Myers is GRANTED. Attorney Katherine Grady shall remain as counsel for Defendant Myers. Signed by Judge David W. Dugan on 9/23/2022. (kgk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 63
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)
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| Filing 62 MOTION to Withdraw as Attorney of Kevin K. Peek by Percy Myers. (Peek, Kevin) |
| Filing 61 NOTICE of Appearance by Katherine Marie Grady on behalf of Percy Myers (Grady, Katherine) |
| Filing 60 RESPONSE in Opposition re #54 MOTION to Amend/Correct 48 Order on Motion for Extension of Time to Amend, Defendant's Response in Opposition to Plaintiff's Motion for Leave to Amend the Complaint filed by Daniel Monti. (Johnson, Areda) |
| Filing 59 REQUEST FOR WAIVER of Service sent to Tish Brashera-Finney on 8/18/2022. Waiver of Service due by 9/19/2022. (tjk) |
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Filing 58
ORDER: Plaintiff's Motion to Substitute #56 is GRANTED. Jane Doe 1 shall be replaced by Tish Brashera-Finney. The Clerk of Court is DIRECTED to serve Defendant Brashera-Finney consistent with the Order for Service of Process #10 . Plaintiff's Motion to Clarify #57 will be DENIED as MOOT because it does not seek any form of explicit relief. Instead, Plaintiff seeks to better understand the recent transfer of his case. On August 15, 2022, Plaintiff's case was transferred from District Judge Yandle to this Court because it contains similar claims and factual allegations to another case already pending before this Court, Wachter v. Jeffries, 21-cv-1536-DWD. Although this case has been transferred so that both of Plaintiff's cases are before a single judge, the cases have not yet been formally joined, and Plaintiff still has a pending motion to join in the Wachter v. Jeffries case. Additionally, Plaintiff has motions to amend his complaints pending in both cases. For the time being, both cases are still separate. The Court cannot consider formal joinder until both of Plaintiff's amended complaints have been reviewed under Section 1915A, because until the complaints are reviewed, the Court cannot say that both cases are similar enough to be joined. Plaintiff need not take any action at this time. He will receive next steps once the amended complaints in both cases have been reviewed, which can take up to 60 days. Signed by Judge David W. Dugan on 8/17/2022. (kgk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 57 MOTION to Clarify Status by Marc Wachter. (kare) |
| Filing 56 MOTION to Substitute Party by Marc Wachter. (kare) |
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Filing 55
ORDER TRANSFERRING CASE: Given the similarities between this case and Wachter v. Jeffries et al., SDIL Case No. 3:21-cv-01536-DWD, this case is TRANSFERRED to District Judge David W. Dugan for further proceedings. Future filings shall bear case number 22-cv-577-DWD. Signed by Judge Staci M. Yandle on 8/15/2022. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Judge David W. Dugan added. Judge Staci M. Yandle no longer assigned to case. (tjk) |
| Filing 54 MOTION for Leave to File Amended Complaint re: 48 Order on Motion for Extension of Time to Amend by Marc Wachter. Proposed Amended Complaint and Exhibits received and under review. (jaj) |
| Filing 53 NOTICE by Daniel Monti re 52 Order on Motion for Miscellaneous Relief,,, Order on Motion for Extension of Time,, (Johnson, Areda) |
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Filing 52
ORDER GRANTING #49 Motion to Inform and #51 Motion for Extension of Time. Defendants are DIRECTED to produce to Plaintiff the identity of the Jane Doe or, if Defendants are unable to make a specific identification, any document or information which would assist in the identification of the Jane Doe by August 9, 2022. Plaintiff shall have until August 16, 2022 to file a motion to substitute a specific Defendant for the Jane Doe. Signed by Judge Staci M. Yandle on 8/3/2022. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Set/Reset Deadlines: Action due by 8/9/2022. (adh) |
| Filing 51 MOTION for Extension of Time Defendant's Motion for Extension of Time by Daniel Monti. (Johnson, Areda) |
| Filing 50 NOTICE by Percy Myers of Compliance with Court's Order (Sharp, Rodney) |
| Filing 49 MOTION to Inform the Court & Defendants by Marc Wachter. (jaj) |
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Filing 48
ORDER. Plaintiff's Motion for Extension of Time is DENIED as moot. The deadline to file a motion for leave to file an amended complaint set forth in the Initial Scheduling and Discovery Order is August 23, 2022 (Doc. 30, p. 3). Signed by Judge Staci M. Yandle on 8/2/2022. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 47 RESPONSE in Opposition re #41 MOTION for Summary Judgment re Exhaustion filed by Marc Wachter. (jaj) |
| Filing 46 MOTION for Extension of Time to File an Amended Complaint by Marc Wachter. (jaj) |
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Filing 45
ORDER RE #44 Motion to Clarify Motion to Substitute. Plaintiff's motion does not sufficiently identify Jane Doe 1 and it is not clear what relief he seeks from the Court. As a result, the motion is TERMINATED without further action by the Court. Based on the information provided in the motion, Defendants are DIRECTED to produce to Plaintiff the identity of the Jane Doe or, if Defendants are unable to make a specific identification, any document or information which would assist in the identification of the Jane Doe by August 2, 2022. Plaintiff shall have until August 9, 2022 to file a motion to substitute a specific Defendant for the Jane Doe. Signed by Judge Staci M. Yandle on 7/26/2022. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 44 MOTION to Clarify #33 by Marc Wachter. (jaj) |
| Filing 43 NOTICE by Percy Myers [Rule 56] (Sharp, Rodney) |
| Filing 42 MEMORANDUM in Support re #41 MOTION for Summary Judgment re Exhaustion filed by Percy Myers. (Attachments: #1 Exhibit A, #2 Exhibit B)(Sharp, Rodney) |
| Filing 41 MOTION for Summary Judgment re Exhaustion by Percy Myers. (Sharp, Rodney) |
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Filing 40
ORDER. Defendant Monti's Motion to Withdraw Affirmative Defense of Exhaustion (Doc. 38) is GRANTED. Signed by Judge Staci M. Yandle on 7/25/2022. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 39 NOTICE OF STATEMENT OF COMPLIANCE by Daniel Monti (Johnson, Areda) |
| Filing 38 MOTION to Withdraw Defendants Affirmative Defense of Exhaustion by Daniel Monti. (Johnson, Areda) |
| Filing 37 NOTICE OF STATEMENT OF COMPLIANCE by Percy Myers (Sharp, Rodney) |
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Filing 36
ORDER RE #33 Motion for Substitution of Jane Doe 1. Plaintiff's motion does not sufficiently identify Jane Doe 1 and is therefore DENIED. Based on the information provided in the motion, Defendants are DIRECTED to produce to Plaintiff the identity of the Jane Doe or, if Defendant is unable to make a specific identification, any document or information which would assist in the identification of the Jane Doe by July 28, 2022. Plaintiff shall have until August 9, 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. Signed by Judge Staci M. Yandle on 7/21/2022. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 35
ORDER. The Court acknowledges the filing of Plaintiff's Motion to Inform Court (Doc. 34). Because the motion does not request any relief from the Court, it is termed and no further action taken. Signed by Judge Staci M. Yandle on 7/21/2022. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 34 MOTION to Inform Court of Plaintiff's Intent to File First Amended Complaint by Marc Wachter. (jaj) |
| Filing 33 MOTION to Substitute Party Jane Doe 1 by Marc Wachter. (jaj) |
| Filing 32 NOTICE by Daniel Monti re #30 Scheduling Order,,, Set Deadlines,,, Set Scheduling Order Deadlines,,, Set/Clear Flags,, (Johnson, Areda) |
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Filing 31
HIPAA Qualified Protective Order. Signed by Judge Staci M. Yandle on 5/24/2022. (adh)
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Filing 30
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)
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Filing 29
ORDER: The Motion for Protective Order (Doc. 27) is GRANTED and the Clerk of Court is DIRECTED to ENTER the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. Signed by Judge Staci M. Yandle on 5/24/2022. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 28 DEMAND for Trial by Jury by Dr. Meyers. (Peek, Kevin) |
| Filing 27 MOTION for Protective Order (Qualified HIPAA) by Dr. Meyers. (Peek, Kevin) |
| Filing 26 ANSWER to #1 Complaint (and Affirmative Defenses) by Dr. Meyers.(Peek, Kevin) |
| Filing 25 ANSWER to #1 Complaint by Warden.(Johnson, Areda) |
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Filing 24
ORDER. Plaintiff's Motion for Recruitment of Counsel (Doc. #23 ) is DENIED. A district court considering an indigent plaintiff's request for counsel must first consider whether the plaintiff has made reasonable attempts to secure counsel on his own or been effectively precluded from doing so; and, if so, whether the difficulty of the case factually and legally exceeds his capacity as a layperson to present it. Pruitt v. Mote, 503 F.3d 647, 654-655 (7th Cir. 2007). If a plaintiff has not made a reasonable attempt to obtain counsel on his own, the court should deny the request. Id. at 655. Plaintiff states he has written to law firms but has not submitted any rejection letters. Based on the information provided, he has not demonstrate a reasonable effort to obtain counsel on his own. Further, given the early stage of the litigation, it is difficult to accurately evaluate the need for assistance of counsel, so the recruitment of counsel would be premature. See Kadamovas v. Stevens, 706 F.3d 843, 845 (7th Cir. 2013) ("[U]ntil the defendants respond to the complaint, the plaintiff's need for assistance of counsel... cannot be gauged."). If Plaintiff chooses to renew his request at a later date, he should submit rejection letters from at least 3 attorneys to demonstrate that he has made reasonable efforts to obtain counsel on his own. Signed by Judge Staci M. Yandle on 5/24/2022. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 23 MOTION to Appoint Counsel by Marc Wachter. (Attachments: #1 Exhibits to Motion)(jaj) |
| Filing 22 NOTICE of Appearance by Kevin K. Peek on behalf of Dr. Meyers (Peek, Kevin) |
| Filing 21 NOTICE of Appearance by Rodney M. Sharp on behalf of Dr. Meyers (Sharp, Rodney) |
| Filing 20 NOTICE of Appearance by Areda Johnson on behalf of Warden (Johnson, Areda) |
| Filing 19 Initial Prisoner Filing Fee: $ 24.01 received, receipt number 34625112388 (jlh) |
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Filing 18
ORDER. Plaintiff's Motion for Joinder is DENIED. As is clearly stated in the Merit Review Order, "Plaintiff is advised to wait until counsel has appeared for Defendants before filing any motions, to give the Defendants notice and an opportunity to respond to those motions. Motions filed before Defendants' counsel has filed an appearance will generally be denied as premature." (Doc. 10, p. 10). Counsel has not yet entered an appearance on Defendants' behalf. Thus, Plaintiff's motion is denied as premature. Signed by Judge Staci M. Yandle on 4/19/2022. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 17
ORDER: Plaintiff seeks an extension of time and copies of documents filed in this case on or after April 3, 2022 (Doc. 16). Because there are no pending deadlines, the motion for extension of time is DENIED. As a one-time courtesy, the Clerk of Court is DIRECTED to send Plaintiff a copy of the docket sheet. As a general rule, the District Clerk will mail paper copies of any document only after receiving prepayment of the required fee (i.e., $.50 per page). Thus, any additional requests for documents should be made in writing to the Clerk of Court by referring to the case number and the document number and submitting the required prepayment. Signed by Judge Staci M. Yandle on 4/19/2022. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 16 MOTION for Copies and MOTION for Extension of Time by Marc Wachter. (jaj) |
| Filing 14 WAIVER OF SERVICE Returned Executed Dr. Meyers waiver sent on 3/25/2022, answer due 5/24/2022. (tjk) |
| Filing 15 MOTION for Joinder of Claims by Marc Wachter. (amv) |
| Filing 13 WAIVER OF SERVICE Returned Executed Warden waiver sent on 3/25/2022, answer due 5/24/2022. (tjk) |
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Filing 12
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 $24.01. 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 Staci M. Yandle on 3/29/2022. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 11 REQUEST FOR WAIVER of Service sent to Meyers and Warden on 3/25/2022. Waiver of Service due by 4/25/2022. (tjk) |
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Filing 10
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)
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| Filing 9 NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 257, this case will remain with the assigned District Judge Staci M. Yandle. This Notice does not alter any prior referrals of motions or matters pursuant to 28 U.S.C. Sec. 636(b)(1-3). (jaj) |
| Filing 8 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
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Filing 7
ORDER. Plaintiff's Motion for Service at Government Expense (Doc. 3) is DENIED as moot. The Court will direct service upon completion of the preliminary review of the Complaint required by 28 U.S.C. 1915A for any Defendant who survives review. Signed by Judge Staci M. Yandle on 3/23/2022. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 6 MOTION for Temporary Restraining Order and Preliminary Injunction by Marc Wachter. (jaj) |
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Filing 5
NOTICE AND ORDER: The Court has received your complaint and your motion to proceed without prepayment of the filing fee. Your case number is 22-577-SMY. 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 Staci M. Yandle on 3/22/2022. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 4 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 3/22/2022. Consent due by 4/12/2022 (jaj) |
| Filing 3 MOTION for Service of Process at Government Expense by Marc Wachter. (jaj) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Marc Wachter. (jaj) |
| Filing 1 COMPLAINT against All Defendants filed by Marc Wachter.(jaj) |
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