Petrakis v. Jeffreys et al
| Matthew J. Petrakis |
| Rob Jeffreys, Wexford Health Sources, Inc., Dallas Kincaid, Kim Larson, Jonathan Eck, Justin Dupree, Dana Ritchie, Brandi Carl, Sara Glenn, Colleen Shults, Melissa Welch and Scott Parish |
| 3:2022cv02086 |
| September 7, 2022 |
| US District Court for the Southern District of Illinois |
| Mark A Beatty |
| Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Filing 8 NOTICE: Case transferred from Illinois Southern has been opened in CENTRAL DISTRICT OF ILLINOIS as case 2:22-cv-02192, filed 09/07/2022. (amv)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 7 Docket Annotation - Case electronically transferred to the Central District of Illinois. (jaj) |
Filing 5
Order for Service of Process upon Rob Jeffreys (official and individual capacities), Percy Myers, Christine Brown, Scott Thompson, Wexford Health Sources Inc., Kim Larson, J. Ek, Justin Dupree, Dana Ritchie, Brandi Carl, Sarah Glen, Colleen Shultz, Missy Welch, Scott Parish, and Sgt. Kincade and ORDER TO SHOW CAUSE. The following claims will proceed in this action: Count 1 against Rob Jeffreys (official capacity only); Count 2 against Rob Jeffreys, Percy Myers, Christine Brown, Scott Thompson, and Wexford Health Sources Inc.; Count 3 against Rob Jeffreys, Kim Larson, J. Ek, Justin Dupree, Dana Ritchie, Brandi Carl, Sarah Glen, Colleen Shultz, Missy Welch, Scott Parish, Sgt. Kincade, and Wexford Health Sources Inc.; and Count 4 against Rob Jeffreys, Kim Larson, J. Ek, Justin Dupree, Dana Ritchie, Brandi Carl, Sarah Glen, Colleen Shultz, Missy Welch, Scott Parish, and Sgt. Kincade. Defendants Percy Myers, Christine Brown, and Scott Thompson are DISMISSED with prejudice from Count 1. Defendant Jennifer Chacon and Count 5 are DISMISSED without prejudice. The Clerk of Court is DIRECTED to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. Plaintiff is ORDERED to SHOW CAUSE by JULY 16, 2021 why this case should not be STAYED in its entirety due to the claims in Counts 1 and 2 being identical to Plaintiff's claims in SDIL case no. 3:19-cv-00579-NJR. Signed by Judge Staci M. Yandle on 6/16/2021. (ksp)(jaj)
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Filing 4
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 $35.24. 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 Danville Correctional Center upon entry of this Order. Signed by Judge Staci M. Yandle on 5/13/2021. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.(jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 3 MOTION for Leave to Proceed in forma pauperis by Matthew J. Petrakis. (jaj) |
| Filing 2 COMPLAINT against All Defendants filed by Matthew J. Petrakis.(jaj) |
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Filing 1
MEMORANDUM AND ORDER severing case number 21-459-MAB. Signed by Magistrate Judge Mark A. Beatty on 9/2/2022. (jaj)
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Filing 6
ORDER: The Show Cause Order entered on June 16, 2021 (Doc. 7 ) is DISCHARGED. Defendants' Motion to Dismiss, or in the Alternative, to Sever (Doc. 56 ) is GRANTED IN PART AND DENIED IN PART. Count 1 is DISMISSED with prejudice as duplicative. Count 2 as to Defendants Percy Myers, Christine Brown, and Scott Thompson is DISMISSED with prejudice as duplicative. Counts 3 and 4 are SEVERED into a new case, which shall be TRANSFERRED to the United States District Court for the Central District of Illinois. This matter shall proceed only on Plaintiff's claim for deliberate indifference against Defendants Rob Jeffreys and Wexford Health Sources as set forth in Count 2. Defendants Jeffreys and Wexford shall have until September 30, 2022, to file an appropriate responsive pleading to the Complaint. Signed by Magistrate Judge Mark A. Beatty on 9/2/2022. (klh2) (jaj) (Entered: 09/07/2022)
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