Murphy v Childress et al
| Jamell Allen Murphy |
| Nurse Childress, Sargent Goodchild, Sargent Lamb, Doctor Babich and Warden of Lawrence Correctional Center |
| 3:2024cv01893 |
| August 16, 2024 |
| US District Court for the Southern District of Illinois |
| David W Dugan |
| Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Defendant |
Docket Report
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This docket was last retrieved on October 23, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 25 MOTION for Injunctive Relief by Jamell Allen Murphy. (jaj) |
| Filing 24 MOTION to Stay re #18 Amended Complaint by Doctor Babich. (Tandy, Hazel) |
| Filing 23 NOTICE of Appearance by Jeanine R. Armstrong on behalf of Warden of Lawrence Correctional Center (Armstrong, Jeanine) |
| Filing 22 WAIVER OF SERVICE Returned Executed Warden of Lawrence Correctional Center (Jeremiah Brown) waiver sent on 8/23/2024, answer due 10/22/2024. (mamo) |
| Filing 21 NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 386, this case will remain with the assigned District Judge David W. Dugan. 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 20 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
| Filing 19 MOTION for Recruitment of Counsel by Jamell Allen Murphy. (jaj) |
| Filing 18 AMENDED COMPLAINT against Doctor Babich, Nurse Childress, Sargent Goodchild, Sargent Lamb, filed by Jamell Allen Murphy.(jaj) |
| Filing 17 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Tandy, Hazel) |
| Filing 16 DEMAND for Trial by Jury by Doctor Babich. (Tandy, Hazel) |
| Filing 15 NOTICE of Appearance by Hazel Tandy on behalf of Doctor Babich (Tandy, Hazel) |
| Filing 14 NOTICE of Appearance by Timothy P. Dugan on behalf of Doctor Babich (Dugan, Timothy) |
| Filing 13 NOTICE: Jamell Murphy was directed to file the attached form regarding consenting or declining to consent to magistrate judge jurisdiction. The time for doing so has now passed, and the Court has not received the form. As required by Administrative Order No. 386, Jamell Murphy shall return the form within 7 days or face possible sanctions. Consent due by 9/16/2024 (tkm) |
Filing 12
ORDER: On August 22, 2024, the Court conducted an initial review of Plaintiff's complaint and allowed him to proceed on a single claim against Dr. Babich for the initial diagnosis and treatment of Plaintiff's knee injury in February of 2024. Plaintiff's own exhibits demonstrated that after seeing Dr. Babich on February 11, 2024, he eventually saw a nurse practitioner, received an MRI, and was put in for an orthopedic consultation in June of 2024. It does not appear that any of these developments involved Dr. Babich. With the continued treatment in mind, the Court denied Plaintiff's initial Motion for a Preliminary Injunction. (Doc. 6). Plaintiff has now filed an objection to the Order for Service of Process (Doc. 9), and a Motion for Reconsideration of the Order for Service of Process (Doc. 10). The objection is not proper. If Plaintiff disagrees with the determination about the sufficiency of his claims, he may attempt to file an amended pleading to cure deficiencies with the claims that the Court identified in the Order for Service of Process, but he cannot revive the claims merely by objecting to their dismissal. As to the Motion to Reconsider (Doc. 10), Plaintiff argues that despite the orthopedic referral in early June, he has yet to see a specialist for his injury, which is causing him prolonged suffering and pain. While this may be true, the only claim in this case is about Dr. Babich's initial assessment of Plaintiff's injury. Injunctive relief must be within the scope of the operative claims and parties in the case. It does not appear Dr. Babich is responsible for the current delays, so Plaintiff's request for injunctive relief exceeds the scope of the claim in the case. See Oswald v. Dept of Corr., 17-CV-1437-PP, 2018 WL 4623583, at *2 (E.D. Wis. Sept. 26, 2018) (citing Devose v. Herrington, 42 F.3d 470, 471 (8th Cir. 1994); Neuroscience, Inc. v. Forrest, No. 12-cv-813-bbc, 2013 WL 6331346, at *1 (W.D. Wis. Dec. 5, 2013) (denying motion for preliminary injunction because it raised issues outside scope of complaint)). If Plaintiff wishes to seek injunctive relief about his present condition, he would need to associate that with sufficient claims about his current state. As such, the Motion to Reconsider (Doc. 10) is DENIED. Signed by Judge David W. Dugan on 9/6/2024. (kgk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 11
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 $36.71. 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 Lawrence Correctional Center upon entry of this Order. Signed by Judge David W. Dugan on 9/4/2024. (mamo)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 10 MOTION for Reconsideration re #6 Order for Service of Process - Prisoner, MOTION for Injunctive Relief by Jamell Allen Murphy. (jaj) |
| Filing 9 OBJECTION to #6 Order for Service of Process - Prisoner by Jamell Allen Murphy. (jaj) |
| Filing 8 REQUEST FOR WAIVER of Service sent to Defendants Babich and Warden of Lawrence on 8/23/2024. Waiver of Service due by 9/23/2024. (mamo) |
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Filing 7
HIPAA Qualified Protective Order. Signed by Judge David W. Dugan on 8/23/2024. (kare)
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Filing 6
Order for Service of Process: Claim 1 survives against Dr. Babich and the Clerk of Court is DIRECTED to serve Babich consistent with this Order. The Clerk also is DIRECTED to ADD the Warden of Lawrence in official capacity only for the sole purpose of implementing any future injunctive relief. The Warden need not file an answer. By contrast, Claims 2 and 3 are insufficient, and Plaintiff has failed to state a claim against all remaining Defendants. The Clerk is DIRECTED to TERMINATE Defendants Childress, Goodchild, Lamb, Cunningham, and Ulrey. The Clerk is DIRECTED to enter the standard HIPAA order. Finally, Plaintiff's Motion for a Preliminary Injunction (Doc. 2) is DENIED without prejudice. Signed by Judge David W. Dugan on 8/22/2024. (kgk)
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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 24-1893-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 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 David W. Dugan on 8/16/2024. (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 No. 386, 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 8/16/2024. Consent due by 9/6/2024 (jaj) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Jamell Allen Murphy. (Attachments: #1 Trust fund statement)(jaj) |
| Filing 2 MOTION for Preliminary Injunction by Jamell Allen Murphy. (jaj) |
| Filing 1 COMPLAINT against All Defendants filed by Jamell Allen Murphy.(jaj) |
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