Hoerr v. Big Muddy River C.C. Medical et al
| Charles E Hoerr, Jr |
| Big Muddy River C.C. Medical, Wexford Health Care, Morgenthaler, Debbie Issase and Dr. Larson |
| 3:2022cv00676 |
| April 6, 2022 |
| US District Court for the Southern District of Illinois |
| Stephen P McGlynn |
| Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Filing 12 CLERK'S JUDGMENT. Approved by Judge Stephen P. McGlynn on 6/2/2022. (tjk) |
Filing 11
ORDER: This case is DISMISSED with prejudice for Plaintiff's failure to comply with an order of the Court and for failure to prosecute his claims. Fed. R. Civ. P. 41(b). This dismissal counts as one of Hoerr's three allotted "strikes" within the meaning of Section 1915(g). Further, Plaintiff failed to comply with the Order directing him to provide his trust fund account information (Doc. 6), and so his #2 Motion for Leave to Proceed in forma pauperis is DENIED. Plaintiff is ADVISED that his obligation to pay the filing fee for this action was incurred at the time the action was filed, thus the filing fee of $402.00 remains due and payable. 28 U.S.C. 1915(b)(1). The agency having custody of Plaintiff is directed to remit the filing fee from his prison trust fund account in accordance with this Order. The Clerk is DIRECTED to mail a copy of this Order to the Trust Fund Officer at the Big Muddy River Correctional Center upon entry of this Order. The Clerk is DIRECTED to close this case and enter judgment accordingly. Signed by Judge Stephen P. McGlynn on 6/1/2022. (jrj)
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| Filing 10 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) |
| Filing 9 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare) |
| Filing 8 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 5/4/2022 (kare) |
| Amended Complaint due by 5/6/2022. (kare) |
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Filing 7
ORDER: The Complaint is DISMISSED without prejudice for failure to state a claim upon which relief may be granted. Plaintiff is GRANTED leave to file a "First Amended Complaint" on or before May 6, 2022. The Clerk of Court is DIRECTED to send Plaintiff a blank civil rights complaint form. The #3 MOTION for Preliminary Injunction is DENIED and the request for TRO is DENIED. (Doc. #1 , p.12). Signed by Judge Stephen P. McGlynn on 4/8/2022. (jrj)
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Filing 6
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 trust fund account statement (or institutional equivalent) for the period 10/1/2021 to 1/10/2022 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 Big Muddy River Correctional Center. (Trust Fund Statement due on or before 5/23/2022). Signed by Judge Stephen P. McGlynn on 4/7/2022. (tjk)
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| 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 04/06/2022. Consent due by 4/27/2022 (kare) |
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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 22-676-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 4/6/2022. (kare)
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| Filing 3 MOTION for Preliminary Injunction by Charles E Hoerr, Jr. (kare) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Charles E Hoerr, Jr. (kare) |
| Filing 1 COMPLAINT against All Defendants filed by Charles E Hoerr, Jr.(kare) |
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