Bush v. Myers et al
| Chevelle Bush |
| Percy Myers, Wexford Health Sources Inc and David Mitchell |
| 3:2023cv00783 |
| March 3, 2023 |
| US District Court for the Southern District of Illinois |
| Reona J Daly |
| Stephen P McGlynn |
| Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on June 16, 2023. A more recent docket listing may be available from PACER.
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Filing 30
SCHEDULING ORDER: Dispositive motions regarding the exhaustion of administrative remedies due by 6/20/2023. Signed by Magistrate Judge Reona J. Daly on 4/19/2023. (lmo)
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Filing 29
VIDEO WRIT ISSUED pursuant to 28 . (jlm)
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Filing 28
ORDER: On 5/11/2023 at 1:00 p.m., the Court will hold a hearing on the #6 MOTION for Preliminary Injunction filed by Chevelle Bush. The hearing will take place via videoconference at the Benton Courthouse; Judge Daly's chambers will send the videoconference links to counsel of record prior to the hearing. The Clerk of Court is directed to enter a writ to secure Plaintiff's presence via videoconference. Defendants shall have a physician or physician extender who is familiar with Plaintiff's treatment decisions available to testify at the hearing. Signed by Magistrate Judge Reona J. Daly on 4/11/2023. (lmo)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 27
RESPONSE to Plaintiff's Motion for Preliminary Injunction. filed by David Mitchell. (Beasley, Kyrstin)
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Filing 26
ANSWER to #1 Complaint by Wexford Health Sources Inc.(Dugan, Timothy)
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Filing 25
ANSWER to #1 Complaint by Percy Myers.(Dugan, Timothy)
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Filing 24
RESPONSE to Motion re #6 MOTION for Preliminary Injunction filed by Percy Myers, Wexford Health Sources Inc. (Attachments: #1 Exhibit A, #2 Exhibit B)(Dugan, Timothy)
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Filing 23
ORDER: Defendants' Motions (Docs. 19 and 22) for Extension of Time to Respond to Plaintiff's #6 MOTION for Preliminary Injunction are GRANTED. On or before April 6, 2023, Defendants shall file their Responses. Signed by Magistrate Judge Reona J. Daly on 3/30/2023. (lmo)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 22
MOTION for Extension of Time by Percy Myers, Wexford Health Sources Inc. (Dugan, Timothy)
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Filing 21
NOTICE: All parties have consented to have a United States Magistrate Judge conduct all proceedings in this case. Accordingly, Magistrate Judge Reona J. Daly is ASSIGNED to conduct all proceedings in this case, including trial and final entry of judgment pursuant to 28 U.S.C. Sec. 636(c) and Federal Rule of Civil Procedure 73. All future documents must bear case number 3:23-cv-00783-RJD. Any District Judge previously assigned will no longer be assigned to this case. (bmc)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 20
FINAL CONSENT TO U.S. MAGISTRATE JUDGE (Beasley, Kyrstin) Modified on 3/29/2023 (bmc).
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Filing 19
MOTION for Extension of Time to File a Response to Plaintiff's Motion for preliminary injunction by David Mitchell. (Beasley, Kyrstin)
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Filing 18
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Dugan, Timothy)
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Filing 17
DEMAND for Trial by Jury by Percy Myers, Wexford Health Sources Inc. (Dugan, Timothy)
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Filing 16
NOTICE of Appearance by Timothy P. Dugan on behalf of Percy Myers, Wexford Health Sources Inc (Dugan, Timothy)
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Filing 15
NOTICE FROM CLERK Instructing David Mitchell to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order Nos. 257 and 341, 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 David Mitchell on 3/15/2023. Consent due by 4/5/2023 (bmc)
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Filing 14
NOTICE of Appearance by Kyrstin Beasley on behalf of David Mitchell (Beasley, Kyrstin)
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Filing 13
Initial Prisoner Filing Fee: $ 67.86 received, receipt number 2652 (clw)
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Filing 12
CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (adh)
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Filing 11
WAIVER OF SERVICE Returned Executed David Mitchell waiver sent on 3/8/2023, answer due 5/8/2023. (tjk)
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Filing 10
HIPAA Qualified Protective Order. Signed by Judge Stephen P. McGlynn on 3/9/2023. (bmc)
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Filing 9
REQUEST FOR WAIVER of Service sent to Myers, Mitchell, and Wexford on 3/8/2023. Waiver of Service due by 4/7/2023. (tjk)
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Filing 8
ORDER: The Complaint survives preliminary review pursuant to Section 1915A. The #2 Motion for Recruitment of Counsel filed by Plaintiff is DENIED. A ruling on the #6 Motion for Preliminary Injunction is DEFERRED. Warden David Mitchell is ADDED to this case as a defendant in his official capacity only for the purpose of implementing any injunctive relief that may be awarded. Defendants are DIRECTED to respond to the request for a preliminary injunction within 14 days of service of the pleadings.The Clerk of Court is DIRECTED to ENTER the Court's standard HIPAA Qualified Protective Order. The Clerk is further DIRECTED to serve process on Myers, Wexford, and Mitchell in accordance with this Order. Signed by Judge Stephen P. McGlynn on 3/8/2023. (jrj)
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Filing 7
ORDER GRANTING Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. #3 ). Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $67.86. 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 Pinckneyville Correctional Center upon entry of this Order. Signed by Judge Stephen P. McGlynn on 3/8/2023. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 6
MOTION for Emergency Preliminary Injunction by Chevelle Bush. (kare)
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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 Nos. 257 and 341, 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 3/3/2023. Consent due by 3/24/2023 (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 23-783-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.: 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 3/3/2023. (kare)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 Chevelle Bush. (kare)
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Filing 2
MOTION for Recruitment of Counsel by Chevelle Bush. (kare)
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Filing 1
COMPLAINT against All Defendants, filed by Chevelle Bush.(kare)
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