Hernandez v. Mitchell et al
| Adolfo Hernandez |
| Bri Courney, David Mitchell, Bri Kourney, C/O Mezo, John Doe 1, P.A. Desai, Percy C Meyers, Bobby Blum and Wexford Health Sources, Inc. |
| 3:2023cv02429 |
| July 13, 2023 |
| US District Court for the Southern District of Illinois |
| Mark A Beatty |
| 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 December 21, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 18 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Hill, Keith) |
| Filing 17 ANSWER to #1 Complaint and Affirmative Defenses by Bobby Blum, P.A. Desai.(Hill, Keith) |
| Filing 16 NOTICE of Appearance by Keith B. Hill on behalf of Bobby Blum, P.A. Desai (Hill, Keith) |
| Filing 15 SECOND REQUEST FOR WAIVER of Service sent to Bri Courney on 12/14/2023. Waiver of Service due by 1/16/2024. (tjk) |
| Filing 14 MOTION for status by Adolfo Hernandez. (kare) |
Filing 13
HIPAA Qualified Protective Order. Signed by Magistrate Judge Mark A. Beatty on 10/24/2023. (csb)
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| Filing 12 WAIVER OF SERVICE Returned Executed P.A. Desai waiver sent on 10/23/2023, answer due 12/22/2023. (tjk) |
| Filing 11 WAIVER OF SERVICE Returned Executed Bobby Blum waiver sent on 10/23/2023, answer due 12/22/2023. (tjk) |
| Filing 10 REQUEST FOR WAIVER of Service sent to Courney, Blum, and Desai on 10/23/2023. Waiver of Service due by 11/22/2023. (tjk) |
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Filing 9
Order for Service of Process: As explained, Plaintiff may proceed on Claim 1 against Defendant Bri Courney, and on Claim 3 against Defendants P.A. Desai and Bobby Blum. The Clerk of Court is DIRECTED to serve Courney, Blum, and Desai consistent with this Order. By contrast, Claim 2 is insufficient against Defendants Mezo and John Does, Claim 4 is insufficient against David Mitchell, and Claim 5 is insufficient as to Wexford. The Clerk of Court is DIRECTED to TERMINATE Defendants David Mitchell, C/O Mezo, John Doe 1, Percy Meyers, and Wexford Health Sources, Inc.. The Clerk is also DIRECTED to enter the standard HIPAA order in this case. Signed by Magistrate Judge Mark A. Beatty on 10/23/2023. (kgk)
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| Filing 8 NOTICE TERMINATING JUDGE ASSIGNMENT: Pursuant to Administrative Order No. 257, and a request for reassignment having been received, this case, in its entirety, is hereby reassigned to Magistrate Judge Mark A. Beatty for further proceedings. Judge David W. Dugan no longer assigned to the case. All future documents must bear case number 23-2429-MAB. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 7 Initial Prisoner Filing Fee: $ 11.02 received, receipt number 4974 (jlh) |
| Filing 6 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
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Filing 5
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 $9.32. 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 David W. Dugan on 7/24/2023. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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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 23-2429-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 7/13/2023. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 3 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 7/13/2023. Consent due by 8/3/2023 (jaj) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Adolfo Hernandez. (jaj) |
| Filing 1 COMPLAINT against All Defendants filed by Adolfo Hernandez.(jaj) |
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