Donley et al v. Hammers et al
| Bob Donley and Randy Williams |
| Justin Hammers, Mark Pirtle, Beth Boyer, Jorden Markley, . Johnson, . Coonradt and . Moymont |
| 1:2018cv01136 |
| April 2, 2018 |
| US District Court for the Central District of Illinois |
| Peoria Office |
| Fulton |
| Joe Billy McDade |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
25
MERIT REVIEW -- AMENDED COMPLAINT entered by Judge Joe Billy McDade on 4/24/2019. IT IS THEREFORE ORDERED:Plaintiffs' amended complaint is dismissed for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6) and 28 U.S.C. § 1915A. Pl aintiffs will have 30 days in which to file a second amended complaint which complies with this order. It is to be captioned "Second Amended Complaint" and is to state all of Plaintiffs' claims against Defendants. Plaintiffs are not to replead claims which have been dismissed with prejudice. Failure to file a second amended complaint will result in the dismissal of this case without prejudice. SEE FULL WRITTEN ORDER.(SAG, ilcd)
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Filing
13
MERIT REVIEW ORDER entered by Judge Joe Billy McDade on 8/28/2018. IT IS THEREFORE ORDERED:1) Plaintiffs' complaint is dismissed for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6) and 28 U.S.C. § 1915A. Plaintiff Donley will have 30 days from the entry of this order to file an amended complaint to replead his claims against Defendant Markley concerning the January 15, 2018 tickets and the Transfer of Funds ticket; and that he has been subjected to monthly shakedowns in r etaliation for a First Amendment exercise. Plaintiff Williams will have 30 days from the entry of this order to file an amended complaint to more particularly plead his claims against Defendant Coonradt concerning the allegedly false tickets for 308- Contraband or unauthorized property, 303-Giving false information, and 304 Insolence. Defendants Hammers, Pirtle, Boyer, Johnson and Moyont are DISMISSED. 2) Plaintiffs are given leave to file an amended complaint within 30 days and are to caption it "Amended Complaint." The amended complaint is to include Plaintiffs' surviving claims without reference to a prior pleading and is to stand complete on its own. Failure to file the amended complaint will result in the dismissal of thi s action. 3) Plaintiffs file 7 and 8 , motions for recruitment of pro bono counsel, attaching copies of letters ostensibly sent to prospective counsel Plaintiffs do not, however, include any copies of the response or declination letters they recei ved. 7 and 8 are DENIED, at this time, as they do not document that Plaintiffs made a good faith effort to secure counsel on their own. Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007). In the event Plaintiffs renew their motions, they are to provide copies of the letters sent to, and received from, prospective counsel. SEE FULL WRITTEN ORDER.(SAG, ilcd)
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