Hunter v. Illinois Department of Corrections et al
ORDER denying as MOOT 52 Motion for Preliminary Injunction. Signed by Chief Judge Nancy J. Rosenstengel on 5/10/2022. (anp)
Case 3:21-cv-00271-NJR Document 66 Filed 05/10/22 Page 1 of 2 Page ID #348
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
Case No. 21-cv-271-NJR
ILLINOIS DEPARTMENT OF
CORRECTIONS, et al.,
MEMORANDUM AND ORDER
ROSENSTENGEL, Chief Judge:
Plaintiff Antonio Hunter, an inmate of the Illinois Department of Corrections
(“IDOC”) currently housed at Pinckneyville Correctional Center, filed this civil rights
complaint pursuant to 42 U.S.C. § 1983 alleging deliberate indifference in the treatment
of his rectal prolapse. This matter is before the Court on Hunter’s motion for preliminary
injunction, which sought a surgical consultation for his prolapse (Doc. 52).
The Court originally set the matter for hearing for April 13, 2022 (Doc. 56). The
parties asked to continue the hearing because a request for a surgical consultation had
been submitted for Hunter, and the parties wanted additional time to determine whether
the consultation would be approved (Doc. 59). The hearing was rest for May 6, 2022
At the May 6 hearing, counsel for Hunter indicated that they had only recently
been provided with updated medical records, and it was still not known whether Hunter
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Case 3:21-cv-00271-NJR Document 66 Filed 05/10/22 Page 2 of 2 Page ID #349
was scheduled for a surgical consultation. The Court heard testimony from Dr. Percy
Myers, but Dr. Myers was not clear as to whether a surgical consultation had been
approved or scheduled. Counsel for the defense indicated that they believed Hunter had
been approved for consultation, but scheduling is not made public as a security concern
for the prison. The Court ordered Defendants to update the Court as to the status of
Hunter’s surgical consult.
After the hearing, the Court received further information from the parties
indicating that Hunter’s surgical consult has been approved by Wexford Health Sources,
Inc., and that he will be seen by colorectal surgeon, Dr. Sean Glasgow, for a surgical
Hunter’s motion for preliminary injunction only sought a surgical consultation.
Thus, because Hunter is now scheduled to be seen by a colorectal surgeon for
consultation, the Court finds Hunter’s request for preliminary injunction MOOT. After
the consultation, should Hunter believe he is entitled to further relief, he may renew his
request for a preliminary injunction at that time.
IT IS SO ORDERED.
DATED: May 10, 2022
NANCY J. ROSENSTENGEL
Chief U.S. District Judge
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