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Barrow v. Wexford Health Sources, Inc.

United States District Court, S.D. Illinois

December 9, 2014

RONALD BARROW, Plaintiff,
v.
WEXFORD HEALTH SOURCES, INC.,, Defendants.

ORDER

DONALD G. WILKERSON, Magistrate Judge.

Now pending before the Court are the following motions filed by Plaintiff, Ronald Barrow:

1. Motion for Clarification and Request for Missing Documents filed on October 2, 2014 (Doc. 41);
2. Motion for Subpoenas and Local Court Rules filed on October 6, 2014 (Doc. 46);
3. Motion Pursuant to 735 ILCS 5/2-622 Compliance or for Extension of Time filed on October 20, 2014 (Doc. 59);
4. Motion for Clarification of Record and for Miscellaneous Relief Instanter filed on October 27, 2014 (Doc. 62);
5. Motion to Submit Supplemental Notice of Filing/Certificate of Service and Request for Rulings on Pending Requests for Relief filed on November 12, 2014 (Doc. 70)

Motion for Clarification and Request for Missing Documents (Doc. 41)

In this Motion, Plaintiff asks the Court for copies of various documents he claims he has not yet received. More specifically, Plaintiff asserts that he has not received Documents 26 through 35, and pages 28 to 97 of his First Amended Complaint (Doc. 2). The Court notes that Documents 26 through 34 were filed by Defendants Baker, Robert Shearing, J. Trost, and Wexford Health Sources, Inc., and Document 35 was an Order of the Court granting Defendants' Motion for Protective Order. Plaintiff seeks copies of these documents, as well as a copy of the docket sheet so that he is aware of what documents have been filed in this case.

Defendants Baker, Shearing, Trost, and Wexford filed their Response to Plaintiff's Motion on October 7, 2014 (Doc. 47). Defendants' counsel asserts that copies of their filings, Documents 26 through 34, including any proposed orders, were provided to Plaintiff, via U.S. mail, at his address at Menard Correctional Center on September 30, 2014. Defendants further indicate that courtesy copies of the same, including copies of the Court's Orders at Document 35 and Document 36, were mailed to Plaintiff on October 7, 2014. Accordingly, the Court finds that Plaintiff's request for copies of Documents 26 through 35 is MOOT. With respect to pages 28 through 97 of Plaintiff's Complaint, Plaintiff's request for copies of these pages is DENIED. Plaintiff's Complaint (Doc. 2) consists of a total of 81 pages. Accordingly, it is unclear what documents Plaintiff is referencing when he requests pages 28 through 97 of his Complaint. Moreover, Document 2 is Plaintiff's own filing and, as such, he should be fully aware of what is contained in his own Complaint. Finally, Plaintiff's request for a copy of the docket sheet is GRANTED. As a courtesy, the Court will provide Plaintiff with a copy of the current docket sheet in this case. Accordingly, the Clerk of Court is DIRECTED to send Plaintiff a copy of the docket sheet in this case to his last known address. The Court notes, however, that it is not inclined to provide any additional courtesy copies of the docket sheet, if Plaintiff is to seek any in the future.

Motion for Subpoenas and Local Court Rules (Doc. 46)

Plaintiff asks the Court to provide him with ten blank subpoenas, a copy of the Local Rules for the Southern District of Illinois, and a receipt for all filing fee payments deducted from his prison trust fund account. Plaintiff's Motion is GRANTED IN PART AND DENIED IN PART.

With respect to Plaintiff's request for ten blank subpoenas, the Clerk must issue subpoenas on the request of a party. FED. R. CIV. P. 45(a)(3). However, the Court has an obligation to protect persons subject to a subpoena and may preview subpoenas in order to ensure that the Court's subpoena power is not being abused. Fed.R.Civ.P. 26(b)(2)(C), 45(c); Marozsan v. Untied States, 90 F.3d 1284, 1290 (7th Cir. 1996). As such, this request is GRANTED IN PART, and the Clerk of Court is DIRECTED to provide Plaintiff with the requested number (10) of subpoena forms, blank and unsigned. Plaintiff shall complete the forms and submit them to the Court for review. Plaintiff shall take the appropriate steps to avoid imposing undue burden or expense on a person subject to subpoena and shall restrict his requests to information that is relevant to the claims or defenses.

With respect to Plaintiff's request for a copy of the Local Rules, Plaintiff's request is DENIED. Plaintiff is ADVISED that there is a fee of $3.00 to obtain a copy of such. Therefore, upon receipt of $3.00, the Clerk of ...


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