Wilson v. Obaisi et al

Filing 6

WRITTEN Opinion entered by the Honorable William T. Hart on 6/26/2013: The plaintiff's motion for leave to proceed in forma pauperis (Dkt. No. 3 ), is granted. The Court orders the trust fund officer at the plaintiff's place of incarcera tion to deduct $17.78 from the plaintiff's account for payment to the Clerk of Court as an initial partial filing fee, and to continue making monthly deductions in accordance with this order. The clerk shall send a copy of this order to the trust fund officer at the Stateville Correctional Center. The Clerk shall issue summonses for service on all defendants and send plaintiff a Magistrate Judge Consent Form and Instructions for Submitting Documents along with a copy of this order. The United States Marshals Service is appointed to all serve all defendants. Plaintiff's motion for attorney representation (Dkt. No. 4 ), is denied without prejudice. [For further details see written opinion.] Mailed notice (ao,)

Order Form (01/2005)

United States District Court, Northern District of Illinois
Name of Assigned Judge
or Magistrate Judge

William T. Hart

CASE NUMBER

13 C 3656

CASE
TITLE

Sitting Judge if Other
than Assigned Judge

DATE

6/26/2013

Gregory Scott Wilson (B29111) vs. Saleh Obaisi, et al.

DOCKET ENTRY TEXT

The plaintiff’s motion for leave to proceed in forma pauperis (Dkt. No. 3), is granted. The
Court orders the trust fund officer at the plaintiff’s place of incarceration to deduct $17.78
from the plaintiff’s account for payment to the Clerk of Court as an initial partial filing fee,
and to continue making monthly deductions in accordance with this order. The clerk shall
send a copy of this order to the trust fund officer at the Stateville Correctional Center. The
Clerk shall issue summonses for service on all defendants and send plaintiff a Magistrate
Judge Consent Form and Instructions for Submitting Documents along with a copy of this
order. The United States Marshals Service is appointed to all serve all defendants. Plaintiff’s
motion for attorney representation (Dkt. No. 4), is denied without prejudice.
O[ For further details see text below.]

Docketing to mail notices.

STATEMENT
Pro se plaintiff Gregory Scott Wilson, a Stateville Correctional Center inmate, has
brought a civil rights suit pursuant to 42 U.S.C. § 1983. Pending before the Court are
plaintiff’s motion for leave to proceed in forma pauperis (Dkt. No. 3), complaint for an initial
review pursuant to 28 U.S.C. § 1915A, (Dkt. No. 1), and motion for attorney representation.
(Dkt. No. 4).
The plaintiff’s motion for leave to proceed in forma pauperis (Dkt. No. 3), is granted.
Pursuant to 28 U.S.C. § 1915(b)(1), the plaintiff is assessed an initial partial filing fee of
$17.78. The trust fund officer at the plaintiff’s place of incarceration is authorized and ordered
to collect the partial filing fee from the plaintiff’s trust fund account and pay it directly to the
Clerk of Court. After payment of the initial partial filing fee, the plaintiff’s trust fund officer is
directed to collect monthly payments from the plaintiff’s trust fund account in an amount
equal to 20% of the preceding month’s income credited to the account. Monthly payments shall
be forwarded to the Clerk of Court each time the amount in the account exceeds $10 until the
full $350 filing fee is paid. All payments shall be sent to the Clerk, United States District
Court, 219 S. Dearborn St., Chicago, Illinois 60604, attn: Cashier’s Desk, 20th Floor, and shall
clearly identify the plaintiff’s name and this case number. This payment obligation will follow
the plaintiff wherever he may be transferred.
Plaintiff alleges that defendant medical officials have been deliberate indifferent to his
hernia condition. Plaintiff complained to the defendants on several occasions over a multi
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STATEMENT
month period, but they allegedly refused to take any actions to address his pain. Plaintiff may
proceed with a deliberate indifference claim against the defendants. Farmer v. Brennan, 511
U.S. 825, 834 (1994); Arnett v. Webster, 658 F.3d 742, 751 (7th Cir. 2011).
The Clerk shall issue summonses for service on all defendants and send plaintiff a
Magistrate Judge Consent Form and Instructions for Submitting Documents along with a copy
of this order. The United States Marshals Service is appointed to all serve all defendants.
Any service forms necessary for plaintiff to complete will be sent by the Marshal as
appropriate to serve defendant with process. The U.S. Marshal is directed to make all
reasonable efforts to serve all defendants. With respect to any former employees who no
longer can be found at the work address provided by plaintiff, the Stateville Correctional
Center, Illinois Department of Corrections, and Wexford Health Sources, Inc., shall furnish the
Marshal with defendant’s last-known address for their respective employees. The information
shall be used only for purposes of effectuating service [or for proof of service, should a dispute
arise] and any documentation of the address shall be retained only by the Marshal. Address
information shall not be maintained in the Court file, nor disclosed by the Marshal. Plaintiff is
to provide the U.S. Marshals Service with a copy of the complaint and a proper form for
request of waiver pursuant to Federal Rule of Civil Procedure 4(d)(1). The U.S. Marshals
Service is requested to mail the complaint and appropriate papers for waiver of service by
first-class mail to the named defendant pursuant to Rule 4(d)(1)(G).
Plaintiff is instructed to file all future papers concerning this action with the Clerk of
Court in care of the Prisoner Correspondent. Plaintiff must provide the Court with the
original plus a complete Judge’s copy, including any exhibits, of every document filed. In
addition, Plaintiff must send an exact copy of any Court filing to defendant [or to defense
counsel, once an attorney has entered an appearance on behalf of defendant]. Every document
filed with the Court must include a certificate of service stating to whom exact copies were
mailed and the date of mailing. Any paper that is sent directly to the Judge or that otherwise
fails to comply with these instructions may be disregarded by the Court or returned to
plaintiff.
Plaintiff’s motion for attorney representation (Dkt. No. 4), is denied without prejudice.
Plaintiff has failed to make any attempts to secure counsel on his own. Nevajar v. Iyiola, __
F.3d __, No. 12-1182, 2013 WL 2321349, at *3 (7th Cir. May 29, 2013); Romanelli v. Suliene,
615 F.3d 847, 851 (7th Cir. 2010); Pruitt v. Mote, 503 F.3d 647, 654 (7th Cir. 2007) (en banc).
Plaintiff may renew his motion if he is unsuccessful in obtaining his own counsel. Any
renewed motion should detail plaintiff’s efforts at obtaining counsel such as including the
letters he receives from law firms and legal organizations responding to his requests for
representation.

13C3656 Gregory Scott Wilson (B29111) vs. Saleh Obaisi, et al.

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