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Henry C. Hill (#B-62006 v. Kenneth L. Osborne

May 17, 2012

HENRY C. HILL (#B-62006)
v.
KENNETH L. OSBORNE, ET AL.



Name of Assigned Judge REBECCA R. PALLMEYER Sitting Judge if Other or Magistrate Judge than Assigned Judge

CASE TITLE

DOCKET ENTRY TEXT:

Plaintiff's renewed motion for leave to proceed in forma pauperis [#7] is granted. The court authorizes and orders the trust fund officer at Plaintiff's place of incarceration to deduct $2.17 from 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 Pontiac Correctional Center. On the court's own motion, Mark Nelson, Emir Depaz, S.A. Godinez, and Sherry Benton are dismissed as Defendants and Plaintiff's retaliation and due process claims are dismissed on preliminary review pursuant to 28 U.S.C. § 1915A. Plaintiff's claims for injunctive relief are also dismissed as moot. Plaintiff may proceed only on his Eighth Amendment medical claim. The clerk is directed to issue summonses for service on Defendants Osborne, Bautista, and McCallum by the U.S. Marshal. The clerk is further directed to send Plaintiff a Magistrate Judge Consent Form and Instructions for Submitting Documents along with a copy of this order.

O [For further details see text below.] Docketing to mail notices.

STATEMENT

Plaintiff, an Illinois state prisoner, has brought this pro se civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff claims that the Defendants, correctional officials and health care providers at the Sheridan Correctional Center, violated Plaintiff's constitutional rights by retaliating against him for his grievances, by denying him due process in prison disciplinary proceedings, and by acting with deliberate indifference to his serious medical condition (myasthenia gravis).

Plaintiff's motion for leave to proceed in forma pauperis is granted. Pursuant to 28 U.S.C. § 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $2.17. The trust fund officer at Plaintiff's place of incarceration is authorized and ordered to collect the partial filing fee from Plaintiff's trust fund account and pay it directly to the Clerk of Court. After payment of the initial partial filing fee, Plaintiff's trust fund officer is directed to collect monthly payments from 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 Plaintiff's name and this case number. This payment obligation will follow Plaintiff wherever he may be transferred.

FACTS

Plaintiff alleges that he suffers from myasthenia gravis, a chronic and debilitating neuromuscular, autoimmune disorder. His required medications, which include Mestinon and Prednisone, are highly regulated ,and Mestinon must be taken on a full stomach.

At the time Plaintiff arrived at the Sheridan Correctional Center on April 25, 2011, his condition was manageable because he faithfully took his medications prior to being taken into custody. By June 13, 2011, however, Plaintiff still had not received his medications despite many requests. He began to experience blurred and double vision. When Plaintiff approached Warden Osborne with his concerns, the warden ignored him both times.

By September 2011, Plaintiff's eyes were closed and he was experiencing extreme fatigue. Finally, a correctional officer observed Plaintiff's deteriorating condition and took him to the health care unit. When Defendant McCallum, a staff nurse, saw Plaintiff, she remarked, "Same old problem."

On September 25, 2011, Plaintiff filed an emergency grievance regarding the denial of needed medication. Osborne signed off on the grievance as constituting an emergency matter but then took no further action.

On October 7, 2011, Plaintiff was admitted to the prison infirmary. The attending physician, Defendant Bautista, prescribed a number of different medications and changed Plaintiff's dosage of Mestinon although Bautista is neither a neurologist nor a specialist in the treatment of myasthenia gravis. Bautista continued to meet with Plaintiff four or five times a week over the next several weeks but refused to refer Plaintiff to a neurologist even though Plaintiff's condition did not improve.

During the same time period, Plaintiff experienced a great deal of conflict with Defendant McCallum, a nurse at Sheridan, regarding his care and treatment. McCallum refused to ensure that Plaintiff took his medication on a ...


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