REPORT AND RECOMMENDATION STEPHEN C. WILLIAMS , Magistrate Judge . INTRODUCTION Pursuant to 42 U.S.C. 1983, pro se Plaintiff Timothy McCullough filed his complaint against various defendants alleging deliberate indifference to serious medical needs. This matter is before the Court on Plaintiff's motion for a preliminary injunction, (Doc. 2), by which Plaintiff is requesting that he "receive treatment [for] his [eye issues]." ( Id. at p. 1). Defendants have filed responses in...
REPORT AND RECOMMENDATIONS DONALD G. WILKERSON , Magistrate Judge . Pending before the Court is a Motion for Summary Judgment filed by Defendant Butler (Doc. 57). For the following reasons it is RECOMMENDED the Court DENY the Motion for Summary Judgment and adopt the following findings of fact and conclusions of law. FINDINGS OF FACT This case was severed from Osbaldo v. Berry, et al., No. 15-cv-964-JPG, pursuant to a Memorandum and Order entered by the Court on November 30, 2015 (...
REPORT AND RECOMMENDATION STEPHEN C. WILLIAMS , Magistrate Judge . This matter is before the Court on Defendants' joint motion to dismiss (Doc. 32). Defendants Traci Peek (identified as RN Tracy) and Christine Brown moved to dismiss Plaintiff's claims with prejudice for lack of prosecution. Defendant Peek sent a copy of her filings to Plaintiff's identified address after his release from prison (Doc. 26). Those documents were returned to counsel as undeliverable (Doc. 32-2). The Court...
REPORT AND RECOMMENDATION STEPHEN C. WILLIAMS , Magistrate Judge . This matter is before the Court on Defendants' oral motion to dismiss for lack of prosecution (Doc. 50). The case was set for a settlement conference on December 7, 2018 (Doc. 47). Plaintiff received notice of the settlement conference at his address as identified on the docket (Doc. 46). Plaintiff failed to appear at the settlement conference (Doc. 49) and Defendants moved to dismiss the case. The undersigned set the...
REPORT AND RECOMMENDATION STEPHEN C. WILLIAMS , Magistrate Judge . INTRODUCTION Pursuant to 42 U.S.C. 1983, pro se Plaintiff Ricky Ryder filed his complaint against various defendants alleging deliberate indifference to serious medical needs. This matter is before the Court on Plaintiff's motion for a preliminary injunction, (Doc. 10), by which Plaintiff is requesting that the Defendants be ordered to (1) retrieve Plaintiff's medical records from Barnes Hospital; (2) arrange for an...
REPORT AND RECOMMENDATION STEPHEN C. WILLIAMS , Magistrate Judge . INTRODUCTION Pursuant to 42 U.S.C. 1983, Plaintiff, who was proceeding pro se at the time he filed his complaint, filed his complaint for failure to protect, excessive force, deliberate indifference to Plaintiff's serious medical needs, and violation of Plaintiff's procedural due process rights (Doc. 1). This matter is now before the Court on a motion for summary judgment (Docs. 64 and 65) filed by Defendant...
MEMORANDUM and ORDER CLIFFORD J. PROUD , Magistrate Judge . In accordance with 42 U.S.C. 405(g), plaintiff, represented by counsel, seeks judicial review of the final agency decision terminating her Disability Insurance Benefits (DIB) pursuant to 42 U.S.C. 423. Procedural History In a decision dated August 2011, plaintiff was found disabled beginning in February 2007. (Tr. 101-07). Following a periodic review, the agency determined that she was no longer disabled as of April 1,...
REPORT AND RECOMMENDATION DONALD G. WILKERSON , Magistrate Judge . This matter has been referred to United States Magistrate Judge Donald G. Wilkerson by United States District Nancy J. Rosenstengel, pursuant to 28 U.S.C. 636(b)(1)(B), Federal Rule of Civil Procedure 72(b), and SDIL-LR 72.1(a) for a Report and Recommendation on a Motion for Preliminary Injunction filed by Plaintiff Willie Mabry (Doc. 3). For the reasons set forth below, it is RECOMMENDED the motion be FOUND MOOT and...
MEMORANDUM AND ORDER NANCY J. ROSENSTENGEL , District Judge . This matter is before the Court on a Report and Recommendation of Magistrate Judge Donald G. Wilkerson regarding Plaintiff Willie Mabry's Motion for Preliminary Injunction (Doc. 35), as well as for case management purposes. Mabry filed this action on July 2, 2018, pursuant to 42 U.S.C. 1983, alleging Defendant Dr. Alfonso David violated his constitutional rights (Doc. 1). Specifically, Mabry is proceeding on one Eighth...
JUDGMENT J. PHIL GILBERT , District Judge . This matter having come before the Court, the issues having been heard, and the Court having rendered a decision, IT IS HEREBY ORDERED AND ADJUDGED that judgment is entered in favor of defendant Cypress Media LLC d/b/a Belleville News Democrat and against plaintiff Ebbie Colston, Sr. and that this case is dismissed with prejudice.
MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . This matter comes before the Court on defendant Cypress Media LLC's motion for summary judgment on plaintiff Ebbie Colston, Sr.'s state law claim for defamation per se (Doc. 8) and Colston's motion for leave to amend the complaint (Doc. 13). In this case, Colston complains that Cypress, doing business as the Belleville News Democrat ("BND"), published a notice erroneously stating that he had been arrested by the Highland Police...
MEMORANDUM and ORDER CLIFFORD J. PROUD , Magistrate Judge . Brian Bell filed an amended petition for writ of habeas corpus under 28 U.S.C. 2241 challenging the imposition of sanctions against him, including the loss of good conduct credit, pursuant to prison disciplinary proceedings. (Doc. 7). Respondent filed a response at Doc. 15. Petitioner was granted until December 17, 2018 in which to file a reply. He has not done so. Relevant Facts and Procedural History Bell was convicted of...
MEMORANDUM AND ORDER NANCY J. ROSENSTENGEL , District Judge . Plaintiff Juan Maiden, an inmate in the Illinois Department of Corrections, alleges that on September 24, 2016, while he was working as a cook in the kitchen at Pinckneyville Correctional Center, he stepped on a broken floor grate and his foot went through the grate, causing him to fall into a hot kettle and burn his arm. Maiden further alleges that Defendant William Harris, the Dietary Manager at Pinckneyville, knew about the...
REPORT AND RECOMMENDATION DONALD G. WILKERSON , Magistrate Judge . This matter has been referred to United States Magistrate Judge Donald G. Wilkerson by United States District Judge Nancy J. Rosenstengel pursuant to 28 U.S.C. 636(b)(1)(B), Federal Rule of Civil Procedure 72(b), and SDIL-LR 72.1(a) for a Report and Recommendation on the question of whether Plaintiff exhausted his administrative remedies prior to filing this lawsuit, as required by the Prison Litigation Reform Act, 28 U.S....
MEMORANDUM and ORDER CLIFFORD J. PROUD , Magistrate Judge . Brian Bell filed an amended petition for writ of habeas corpus under 28 U.S.C. 2241 challenging the imposition of sanctions against him, including the loss of good conduct credit, pursuant to prison disciplinary proceedings. (Doc. 7). Respondent filed a response at Doc. 15. Petitioner was granted until December 17, 2018 in which to file a reply. He has not done so. Relevant Facts and Procedural History Bell was convicted of...
MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . This matter comes before the Court on the bill of costs filed by defendant Rita Juanita Mock-Pike (Doc. 19, refiled in the proper format at Doc. 23). Plaintiff Jimmie Lough has objected to those costs (Doc. 24). The Court entered a judgment of dismissal without prejudice pursuant to Federal Rule of Civil Procedure 41(b) after plaintiff Jimmie Lough failed to file an amended complaint to cure deficiencies in his original pleading (...
MEMORANDUM AND ORDER NANCY J. ROSENSTENGEL , District Judge . Now before the Court is Respondent's Motion to Dismiss the Petition for writ of habeas corpus (Doc. 13), which was filed on June 15, 2018. Petitioner Kendrick Lee Robbins responded to the motion with "Petitioner's Opposition to Respondent's Motion to Dismiss." (Doc. 24). For the following reasons, the Motion to Dismiss is denied. Relevant Facts and Procedural History Robbins brought this action pursuant to 28 U.S.C. 2241...
MEMORANDUM and ORDER CLIFFORD J. PROUD , Magistrate Judge . In accordance with 42 U.S.C. 405(g), plaintiff, represented by counsel, seeks judicial review of the final agency decision denying his application for Supplemental Security Income (SSI) benefits pursuant to 42 U.S.C. 423. Procedural History Plaintiff applied for disability benefits in September 2013, initially alleging disability as of September 30, 2002. He later amended his alleged date of onset to November 4, 2015. 3...
MEMORANDUM AND ORDER NANCY J. ROSENSTENGEL , District Judge . This matter is before the Court on a Report and Recommendation of United States Magistrate Judge Donald G. Wilkerson (Doc. 109), which recommends that the Motion for Summary Judgment for Failure to Exhaust Administrative Remedies filed by Defendants Alberto Butalid, M.D., Angel Rector, N.P., Laura LeCrone, R.N., LaDonna Long, L.P.N., Rose Loos, Christopher Smith and Wexford Health Sources, Inc. 1 be granted in part and denied...
JUDGMENT IN A CIVIL CASE STEPHEN C. WILLIAMS , Magistrate Judge . Defendant Dan was dismissed without prejudice on April 18, 2017 by an Order entered by Chief Judge Michael J. Reagan (Doc. 6). Defendant John Doe was substituted by Michael Scott on August 23, 2017 by an Order entered by Magistrate Judge Stephen C. Williams (Doc. 39). The remaining case is dismissed in accordance with Stipulation of Dismissal with Prejudice filed on December 18, 2018 (Doc. 98). The Plaintiff should take...
