Rogers v. Wexford Health Sources, Inc. et al
| Tony Rogers |
| Wexford Health Sources, Inc., Vipin K. Shah, Terry Harris, Springer and Dee Dee Brookhart |
| 3:2022cv01066 |
| May 19, 2022 |
| 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
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This docket was last retrieved on July 14, 2022. A more recent docket listing may be available from PACER.
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| Filing 20 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Caldwell, Malik) |
| Filing 19 ANSWER to #1 Complaint by Vipin K. Shah.(Caldwell, Malik) |
| Filing 18 DEMAND for Trial by Jury by Vipin K. Shah. (Caldwell, Malik) |
| Filing 17 NOTICE of Appearance by Malik J. Caldwell on behalf of Vipin K. Shah (Caldwell, Malik) |
| Filing 16 NOTICE of Appearance by Timothy P. Dugan on behalf of Vipin K. Shah (Dugan, Timothy) |
| Per Order at Doc. 15: Action due by 8/8/2022. (kls3) |
Filing 15
ORDER: This action is before the Court for the purpose of docket control. As of today, Defendant Springer has not been served. A request for waiver of service was returned unexecuted as to Defendant Springer on July 7, 2022, with the notation that there is not an employee at Lawrence Correctional Center with that name (Doc. 14). IT IS THEREFORE ORDERED that Plaintiff provide additional information (i.e. physical description, date and time of alleged interaction giving rise to this lawsuit, etc.) to the Clerk of Court and file a notice of such, to identify Defendant Springer. Plaintiff SHALL provide said information within 30 days of the date of this order so that process may be served upon him/her. Plaintiff is WARNED that his failure to comply with this Order may result in dismissal of Defendant Springer from this lawsuit. Signed by Judge David W. Dugan on 7/8/2022. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 14 Waiver of Service Returned Unexecuted as to Springer. Received e-mail from Wexford staff at Lawrence Correctional Center- unable to serve Defendant Nurse Springer as unidentifiable. (tjk) |
| Filing 13 WAIVER OF SERVICE Returned Executed Vipin K. Shah waiver sent on 5/24/2022, answer due 7/25/2022. (lmb) |
| Filing 12 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). (kare)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 11 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare) |
| 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 6/17/2022 (jlh) |
| Filing 9 REQUEST FOR WAIVER of Service sent to Shah, Springer and Harris on 5/24/2022. Waiver of Service due by 6/23/2022. (tjk) |
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Filing 8
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 $21.17. 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 5/24/2022. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 7
HIPAA Qualified Protective Order. Signed by Judge David W. Dugan on 5/24/2022. (kare)
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Filing 6
Order for Service of Process: As explained in this Order, Claim 1 will proceed against Defendants Shah, Springer and Harris, and Claim 4 will proceed against Springer and Harris. By contrast, Claims 2 and 3 against Defendants Brookhart and Wexford Health Sources, Inc., fail to state a claim so the Clerk of Court is DIRECTED to TERMINATE Brookhart and Wexford. The Clerk is DIRECTED to serve Shah, Springer, and Harris consistent with this Order. The Clerk of Court is also DIRECTED to enter a standard HIPAA Order in this case based on the allegations concerning Plaintiff's medical care. Plaintiff's Motion for Service of Process at Government Expense (Doc. 3) is GRANTED. Signed by Judge David W. Dugan on 5/23/2022. (kgk)
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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. Consent due by 6/9/2022 (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 22-1066-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 5/19/2022. (kare)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 3 MOTION for Service of Process at Government Expense by Tony Rogers. (kare) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Tony Rogers. (kare) |
| Filing 1 COMPLAINT against All Defendants, filed by Tony Rogers.(kare) |
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