Lundy v. Wexford Health Sources, Inc. et al
| Kevin Lundy |
| Wexford Health Sources, Inc., A. Crain, IDOC, John 1 Doe, Lawrence, Kuhnert, Acting Warden Wills, Major Tourville, Lt Snell and Officer McKayla |
| 3:2023cv03809 |
| November 30, 2023 |
| US District Court for the Southern District of Illinois |
| Stephen P McGlynn |
| Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 24, 2024. A more recent docket listing may be available from PACER.
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| Set/Reset Deadlines: Action due by 3/8/2024. (kare) |
Filing 8
ORDER denying #7 Motion to Compel. Plaintiff states that he has sent money vouchers to the business office requesting that his filing fee be paid from his prisoner trust fund account for this lawsuit but that the business office has yet to process his requests. He states that he has been informed that the business office is severely short staffed, and therefore, money vouchers are not being addressed in a timely fashion. Plaintiff asks the Court to compel the business office to process his request and send his filing fee to the Court. He also asks for the Court to recruit him counsel so that he will no longer experience delay tactics and interference with his access to the Courts. The motion is DENIED. The Court will not compel the business office to process Plaintiff's money vouchers at this time. Plaintiff is granted additional time to use the internal procedures at Menard Correctional Center to resolve his issues with the business office and pay the filing fee. He is directed to file a Motion for Leave to Proceed IFP or pay the $402.00 filing fee on or before March 8, 2024, or this entire action will be dismissed. The Court will also not recruit counsel. Given the early stage of the litigation, it is difficult to accurately evaluate the need for assistance of counsel, so the recruitment of counsel would be premature. See Kadamovas v. Stevens, 706 F.3d 843, 845 (7th Cir. 2013). If Plaintiff's Complaint survives Section 1915A review, and he encounters difficulties in self-representation as this case proceeds, he may refile his motion seeking recruitment of counsel. If he chooses to renew his request, he should submit rejection letters from at least 3 attorneys to demonstrate that he has made reasonable efforts to obtain counsel on his own. Signed by Judge Stephen P. McGlynn on 1/23/2024. (jrj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 7 MOTION to Compel Menard CC Trust Fund Office by Kevin Lundy. (jaj) |
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Filing 6
ORDER: Plaintiff is ORDERED to file a Motion for Leave to Proceed IFP or pay the $402.00 filing fee for this case on or before January 24, 2024. Failure to comply with this Order will result in dismissal of this action for want of prosecution and/or for failure to comply with a court order under Federal Rule of Civil Procedure 41(b) without further notice. (Action due by 1/24/2024). Signed by Judge Stephen P. McGlynn on 1/10/2024. (tjk)
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| Filing 5 NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 257, this case will remain with the assigned District Judge Stephen P. McGlynn. This Notice does not alter any prior referrals of motions or matters pursuant to 28 U.S.C. Sec. 636(b)(1-3). (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 4 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
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Filing 3
NOTICE AND ORDER: The Court has received your Complaint. Your case number is 23-3809-SPM. Within 30 days of the entry of this Order, you are ORDERED to submit the $402.00 filing fee or a motion to proceed without prepayment of the filing fee. If you file a motion to proceed without prepayment of the filing fee, the Court must review your trust fund account statement for the six-month period immediately preceding the filing of this action. Thus, you must have the Trust Fund Officer at your facility complete the attached certification and provide a copy of your trust fund account statement (or institutional equivalent). If you fail to pay the filing fee or submit the motion to proceed without prepayment of the filing fee by the deadline, the case will be dismissed without prejudice for failure to prosecute. FED. R. CIV. P. 41(b); Sperow v. Melvin, 153 F.3d 780, 781 (7th Cir. 1998). 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 fourteen 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 11/30/2023. (jaj)
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| Filing 2 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 11/30/2023. Consent due by 12/21/2023 (jaj) |
| Filing 1 COMPLAINT against All Defendants filed by Kevin Lundy.(jaj) |
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