Davenport v Blades et al
Plaintiff: Mark Davenport
Defendant: Deb Bledsoe, Wexford Health Sources Inc, Percy Myers, John/Jane Doe 1, Deb Blades and David Mitchell
Case Number: 3:2023cv02221
Filed: June 28, 2023
Court: US District Court for the Southern District of Illinois
Presiding Judge: Nancy J Rosenstengel
Nature of Suit: Prison Condition
Cause of Action: 42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on March 12, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 22, 2023 Opinion or Order Filing 33 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Matusofsky, Alison)
August 22, 2023 Opinion or Order Filing 32 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #28 Consent/Non-Consent to US Magistrate Judge. Signature omitted. E-filer is instructed to refile the document. (csb)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
August 21, 2023 Opinion or Order Filing 31 ORDER granting #30 Motion to Join Co-Defendant's Response to Motion for Preliminary Injunction. Signed by Chief Judge Nancy J. Rosenstengel on 8/21/2023. (anp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
August 18, 2023 Opinion or Order Filing 30 MOTION to Join Co-Defendant's Response to Plaintiff's Motion for Preliminary Injunction by David Mitchell. (Powell, Jennifer)
August 18, 2023 Opinion or Order Filing 29 RESPONSE to Motion re #2 MOTION for Preliminary Injunction filed by Percy Myers, Wexford Health Sources Inc. (Attachments: #1 Exhibit A)(Matusofsky, Alison)
August 18, 2023 Opinion or Order Filing 28 STRICKEN CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Matusofsky, Alison) Modified on 8/22/2023 (csb).
August 18, 2023 Opinion or Order Filing 27 DEMAND for Trial by Jury by Wexford Health Sources Inc. (Matusofsky, Alison)
August 18, 2023 Opinion or Order Filing 26 NOTICE of Appearance by Alison J. Matusofsky on behalf of Wexford Health Sources Inc (Matusofsky, Alison)
August 18, 2023 Opinion or Order Filing 25 NOTICE of Appearance by Timothy P. Dugan on behalf of Wexford Health Sources Inc (Dugan, Timothy)
August 15, 2023 Opinion or Order Filing 24 SECOND REQUEST FOR WAIVER of Service sent to Deb Blades on 8/15/2023. Waiver of Service due by 9/14/2023. (tjk)
August 11, 2023 Opinion or Order Filing 23 WAIVER OF SERVICE Returned Executed Wexford Health Sources Inc waiver sent on 7/7/2023, answer due 9/5/2023. (tjk)
August 2, 2023 Opinion or Order Filing 22 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Powell, Jennifer)
July 31, 2023 Opinion or Order Filing 21 ORDER GRANTING #20 Joint MOTION for Extension of Time to File Response to #2 MOTION for Preliminary Injunction. Response due by 8/18/2023. Signed by Chief Judge Nancy J. Rosenstengel on 7/31/2023. (anp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
July 28, 2023 Opinion or Order Filing 20 Joint MOTION for Extension of Time to File Response/Reply as to #2 MOTION for Preliminary Injunction by Percy Myers. (Matusofsky, Alison)
July 25, 2023 Opinion or Order Filing 19 ORDER granting #15 Motion for Protective Order. Signed by Chief Judge Nancy J. Rosenstengel on 7/25/2023. (anp)
July 20, 2023 Opinion or Order Filing 18 NOTICE FROM CLERK Instructing David Mitchell 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 David Mitchell on 07/20/2023. Consent due by 8/10/2023 (aza)
July 20, 2023 Opinion or Order Filing 17 NOTICE of Appearance by Jennifer Renee Powell on behalf of David Mitchell (Powell, Jennifer)
July 20, 2023 Opinion or Order Filing 16 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Matusofsky, Alison)
July 20, 2023 Opinion or Order Filing 15 MOTION for Protective Order by Percy Myers. (Matusofsky, Alison)
July 20, 2023 Opinion or Order Filing 14 DEMAND for Trial by Jury by Percy Myers. (Matusofsky, Alison)
July 20, 2023 Opinion or Order Filing 13 NOTICE of Appearance by Alison J. Matusofsky on behalf of Percy Myers (Matusofsky, Alison)
July 20, 2023 Opinion or Order Filing 12 NOTICE of Appearance by Timothy P. Dugan on behalf of Percy Myers (Dugan, Timothy)
July 13, 2023 Opinion or Order Filing 11 WAIVER OF SERVICE Returned Executed Percy Myers waiver sent on 7/7/2023, answer due 9/5/2023. (tjk)
July 12, 2023 Opinion or Order Filing 10 WAIVER OF SERVICE Returned Executed David Mitchell waiver sent on 7/7/2023, answer due 9/5/2023. (tjk)
July 7, 2023 Opinion or Order Filing 9 REQUEST FOR WAIVER of Service sent to Deb Blades, Percy Myers, Warden David Mitchell, and Wexford Health Sources, Inc on 7/7/2023. Waiver of Service due by 8/7/2023. (tjk)
July 7, 2023 Opinion or Order Filing 8 ORDER DIRECTING PRISONER PAYMENT: Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $2.59. 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 Chief Judge Nancy J. Rosenstengel on 7/7/2023. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
July 7, 2023 Opinion or Order Filing 7 Order for Service of Process upon Deb Blades, Percy Myers, Warden David Mitchell, and Wexford Health Sources, Inc., GRANTING #3 MOTION for Leave to Proceed in forma pauperis filed by Mark Davenport. An initial partial filing fee will be calculated by separate order. Warden David Mitchell is added to the case, in his official capacity only, for the purpose of implementing any injunctive relief awarded. Response to #2 MOTION for Preliminary Injunction due by 7/28/2023. The Clerk of Court is DIRECTED to mail of copy of this Order and the motion for preliminary injunction to Dr. Myers, Warden Mitchell, and the Illinois Attorney General's Office. Signed by Chief Judge Nancy J. Rosenstengel on 7/7/2023. (anp)
July 5, 2023 Opinion or Order Filing 6 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj)
June 28, 2023 Opinion or Order 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 23-2221-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 6/28/2023. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
June 28, 2023 Opinion or Order Filing 4 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 6/28/2023. Consent due by 7/19/2023 (jaj)
June 28, 2023 Opinion or Order Filing 3 MOTION for Leave to Proceed in forma pauperis by Mark Davenport. (jaj)
June 28, 2023 Opinion or Order Filing 2 MOTION for Preliminary Injunction by Mark Davenport. (jaj)
June 28, 2023 Opinion or Order Filing 1 COMPLAINT against All Defendants filed by Mark Davenport. (Attachments: #1 Exhibits A & B, #2 Exhibit C, #3 Exhibit E, #4 Second Exhibit E, #5 Exhibit H, #6 Exhibit I, #7 Exhibit J, #8 Exhibit K, #9 Exhibit L, #10 Exhibit M, #11 Surgical Notes)(jaj)

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Plaintiff: Mark Davenport
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Defendant: Deb Bledsoe
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Defendant: Wexford Health Sources Inc
Represented By: Timothy P. Dugan
Represented By: Alison J. Matusofsky
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Defendant: Percy Myers
Represented By: Timothy P. Dugan
Represented By: Alison J. Matusofsky
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Defendant: John/Jane Doe 1
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Defendant: Deb Blades
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Defendant: David Mitchell
Represented By: Jennifer Renee Powell
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