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Andrew N. Allen (#N-00594 v. Wexford Health Sources

December 17, 2012

ANDREW N. ALLEN (#N-00594)
v.
WEXFORD HEALTH SOURCES, ET AL.



Name of Assigned Judge FREDERICK J. KAPALA Sitting Judge if Other or Magistrate Judge than Assigned Judge

CASE TITLE

DOCKET ENTRY TEXT:

The plaintiff's motion for leave to proceed in forma pauperis [#3] is granted. The trust fund officer at the plaintiff's place of confinement is authorized and ordered to make deductions from the plaintiff's trust fund account for payment to the clerk of court in accordance with this order. The clerk shall send a copy of this order to the trust fund officer at the Dixon Correctional Center, 2600 N. Brinton Avenue, Dixon, Illinois 61021. On the court's own motion, Wexford Health Sources, Inc., is dismissed as a defendant on preliminary review pursuant to 28 U.S.C. § 1915A. The clerk is directed to issue summonses for service by the U.S. Marshal on defendants Carter and Chandler only. The plaintiff's motion for appointment of counsel [#4] is denied, without prejudice. The parties are directed to file a joint status report by February 1, 2012, concerning the progress of settlement discussions, discovery, and any other matter deemed pertinent.

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

STATEMENT

The plaintiff, an Illinois state prisoner, has brought this pro se civil rights action pursuant to 42 U.S.C. § 1983. The plaintiff claims that the defendants, the warden and health care providers at the Dixon Correctional Center, violated the plaintiff's constitutional rights by acting with deliberate indifference to his serious medical needs. More specifically, the plaintiff alleges that he received deficient care for severe back problems that turned out to have been caused by undiagnosed cysts.

The plaintiff having shown that he is indigent, his motion for leave to proceed in forma pauperis is granted. Pursuant to 28 U.S.C. § 1915(b)(1), the plaintiff is assessed an initial partial filing fee of $10.17. The trust fund officer at the plaintiff's place of incarceration is authorized and ordered to collect, when funds exist, 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, IL 60604, attn: Cashier's Desk, 20th Floor, and shall clearly identify the plaintiff's name and the case number assigned to this action. This payment obligation will follow the plaintiff in the event of his transfer to another correctional facility.

Under 28 U.S.C. § 1915A, the court is required to conduct a prompt threshold review of the complaint. Here, accepting the plaintiff's allegations as true, the court finds that the complaint states a colorable cause of action under 42 U.S.C. § 1983.

Facts

The plaintiff alleges that he began to be afflicted with severe back pain in 2008. Based on x-rays, physicians at the Robinson Correctional Center attributed the plaintiff's complaints to arthritis.

In 2009, the plaintiff was transferred to the Dixon Correctional Center. His back pain became "intolerable," but his grievances and requests to see a physician were virtually ignored. Finally, in October 2010, physicians at the University of Illinois Medical Center conducted an MRI and discovered that the true cause of the plaintiff's back pain was a cyst on a nerve in his back. The plaintiff underwent synovial surgery later that month.

Defendant Carter, a staff physician at Dixon, failed to schedule the plaintiff to return to the University of Illinois within four to six weeks as recommended. The plaintiff once again began to experience excruciating pain, but Carter again failed to take any corrective action in response to the plaintiff's grievances and sick-call requests.

On an unspecified date, the plaintiff returned to the University of Illinois Medical Center, where another MRI revealed that a new cyst had formed. Surgery to remove the second cyst was performed in August 2011.

Over the plaintiff's objections, Carter discontinued the pain medication prescribed by the operating physician only two or three days after surgery was performed, causing the ...


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