Smith v. Wexford Health Sources Inc et al
| Anthony Smith |
| Wexford Health Sources Inc, David Poor, Doctor Babich, Warden Dodd, Rob Jeffries, Glenn Babich and Rachel Dodd |
| 3:2023cv00793 |
| March 6, 2023 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 24, 2023. A more recent docket listing may be available from PACER.
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| Filing 29 MOTION for status re #26 MOTION for Reconsideration re #22 Order and #28 Amended Complaint by Anthony Smith. (jaj) |
| Filing 28 AMENDED COMPLAINT against All Defendants filed by Anthony Smith. (Attachments: #1 part 2, #2 Certificate of Service, #3 Cover sheet)(jaj) |
| Filing 27 MOTION to Appoint Counsel by Anthony Smith. (adh) |
| Filing 26 MOTION for Reconsideration re #22 Order,, Terminate Motions,, Set Deadlines, 25 Order on Motion to Supplement, by Anthony Smith. (adh) |
Filing 25
ORDER denying #24 Motion to Supplement. Plaintiff's Complaint was dismissed without prejudice and he was granted until 5/9/2023 to submit an amended complaint. Plaintiff may include this document as an exhibit when he submits his Amended Complaint for review. Signed by Chief Judge Nancy J. Rosenstengel on 4/17/2023. (anp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 24 MOTION to Supplement by Anthony Smith. (adh) |
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Filing 23
ORDER granting #21 Motion to Copy. The Clerk is DIRECTED to send Plaintiff a copy of his motion at Doc. 6. Plaintiff is reminded to keep copies of his own filings. Additional copies can be obtained at the Court's standard copying rate. Signed by Chief Judge Nancy J. Rosenstengel on 4/11/2023. (anp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 22
ORDER DISMISSING without prejudice #1 Complaint filed by Anthony Smith, DENYING #14 MOTION to Supplement, #3 MOTION for Recruitment of Counsel, #19 MOTION to Appoint Counsel, #6 MOTION to Amend/Correct Complaint, and #20 MOTION for status. Amended Pleadings due by 5/9/2023. Signed by Chief Judge Nancy J. Rosenstengel on 4/11/2023. (anp)
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| Filing 21 MOTION for Copy of Document #6 by Anthony Smith. (jaj) |
| Filing 20 MOTION for status re #14 MOTION to Supplement and Preliminary Injunction by Anthony Smith. (jaj) |
| Filing 19 MOTION to Appoint Counsel by Anthony Smith. (jaj) |
| Filing 18 DECLARATION by Anthony Smith. (jaj) |
| Filing 17 SUPPLEMENT by Anthony Smith. Supplement to #1 Complaint. (jaj) |
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Filing 16
ORDER finding as moot #13 Motion to judge to have compassion for legal handwriting inadequacies, GRANTING #15 Motion identifying missing documents. As to the missing sections of his Complaint which were not returned to him after filing, the Clerk of Court is DIRECTED to send Plaintiff a copy of his Complaint (Doc. 1). As to his handwriting, Plaintiff's filings have been legible and he has no need to submit a formal request for leniency. Signed by Chief Judge Nancy J. Rosenstengel on 3/17/2023. (anp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 15 MOTION Identifying documents missing of document #1 Complaint by Anthony Smith. (jaj) |
| Filing 14 MOTION to attach and order to show cause for an preliminary injunction and a temporary restraining order to complaint by Anthony Smith. (jaj) |
| Filing 13 MOTION for the Judge to Have Compassion for Legal Handwriting by Anthony Smith. (jaj) |
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Filing 12
ORDER denying #11 Motion to send entire copy of the case. Plaintiff indicates that he has only received 6 pages of documents from his case, but he does not indicate what documents he is missing. The Court sent Plaintiff a copy of the docket sheet. To the extent he believes he is missing any documents, he should review the docket sheet before filing a motion asking for specific documents. Plaintiff is reminded that he is to keep copies of his own filings. He can obtain additional copies of his filings at the standard copying rate. Signed by Chief Judge Nancy J. Rosenstengel on 3/16/2023. (anp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 11 MOTION to send entire copy of case by Anthony Smith. (jaj) |
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Filing 10
ORDER denying as moot #8 Motion for Request for Forms. Plaintiff seeks copies of numerous documents, many of which are not on file in this case. He seeks copies of summary judgment motions, motions to dismiss, discovery motions, and notices of appeal. This case was filed on March 6, 2023 and is still pending a merits review. No discovery or dispositive motions have been filed in this case. Plaintiff has a motion for counsel (Doc. 3) and a motion to amend (Doc. 6) pending, which he should have copies of as they are his own filings. The Court DIRECTS the Clerk of Court to send Plaintiff a copy of the docket sheet so that he can see the filings in this case.. Signed by Chief Judge Nancy J. Rosenstengel on 3/15/2023. (anp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 9 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
| Filing 8 MOTION for Forms and Motions by Anthony Smith. (jaj) |
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Filing 7
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 $7.45. 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 Robinson Correctional Center upon entry of this Order. Signed by Chief Judge Nancy J. Rosenstengel on 3/13/2023. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 6 MOTION for Leave to File an Amended Complaint reL: #1 Complaint by Anthony Smith. Propose document received and under review. (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 23-793-NJR. 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 Chief Judge Nancy J. Rosenstengel on 3/6/2023. (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 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 3/6/2023. Consent due by 3/27/2023 (jaj) |
| Filing 3 MOTION for Recruitment of Counsel by Anthony Smith. (jaj) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Anthony Smith. (jaj) |
| Filing 1 COMPLAINT against All Defendants filed by Anthony Smith. (Attachments: #1 Envelope)(jaj) |
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