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O'Quinn v. Gaetz

United States District Court, S.D. Illinois

July 31, 2015

CHESTER O'QUINN, Plaintiff,
v.
DONALD GAETZ, et al., Defendants.

MEMORANDUM AND ORDER

NANCY J. ROSENSTENGEL, District Judge.

This matter is before the Court on the Report and Recommendation of United States Magistrate Judge Philip M. Frazier entered on June 23, 2015 (Doc. 151). Magistrate Judge Frazier recommends that the undersigned deny the seventh Motion for Preliminary Injunction (Doc. 144) filed by Plaintiff Chester O'Quinn. Magistrate Judge Frazier further recommends this Court restrict Plaintiff from filing further motions seeking injunctive relief. Plaintiff filed a timely objection on July 10, 2015 (Doc. 152). For the reasons set forth below, Magistrate Judge Frazier's Report and Recommendation is adopted in its entirety.

BACKGROUND

Plaintiff Chester O'Quinn, an inmate currently housed at Pinckneyville Correctional Center ("Pinckneyville"), brought this action alleging various deprivations of his constitutional rights by numerous Defendants. Following threshold review, Plaintiff was allowed to proceed on the following claims:

• Count 1(a): A claim against Defendants Shah and Rector for allegedly displaying deliberate indifference to Plaintiff's medical needs by failing to complete a "full examination" of Plaintiff "from head to toe."
• Count 1(b): A claim against Defendants Shah and Rector for allegedly displaying deliberate indifference to Plaintiff's medical needs by repeatedly ignoring Plaintiff's request for a front cuff permit.
• Count 1(c)(1): A claim against Defendants Blades, Gogetting, Shah, and Rector for allegedly displaying deliberate indifference to Plaintiff's medical needs by ignoring Plaintiff's complaints that he was denied access to the ADA gym for more than ninety days.
• Count 1(e): A claim against Defendants Shah, Rector, Gogetting, and Gaetz for allegedly displaying deliberate indifference to Plaintiff's medical needs by ignoring Plaintiff's four requests in September 2013 for a pillow, which Plaintiff allegedly needs to prevent aggravation of a prior neck and back injury.
• Count 1(g): A claim against Defendants Daugherty, Abby, Amy, and Olmsted for allegedly displaying deliberate indifference to Plaintiff's medical needs by preventing Plaintiff to raise his shirt to receive his insulin shots.
• Count 1(h): A claim against Defendants Shah and Rector for allegedly displaying deliberate indifference to Plaintiff's medical needs by failing to adequately treat Plaintiff for a spider bite he received in June 2013.
• Count 1(c)(2): A claim against Defendant Godinez for violating the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., and/or the Rehabilitation Act, 29 U.S.C. § 701, et seq.

( See Doc. 16).

On May 15, 2015, Plaintiff filed a Notice or Open Motion for Temporary Relief, which has been interpreted as a motion for preliminary injunction (Doc. 144). Plaintiff has filed numerous motions of this type in the past ( See Docs. 15, 78, 103, 120, 123, 129). In the current Motion, Plaintiff seeks injunctive relief compelling Defendant Shah to provide him with certain medications to treat one of his skin conditions or refer him to an outside doctor for decisions regarding necessary skin care. In his response, Defendant Shah asserts ...


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