Draper v. United States of America
| Bryce Draper |
| United States of America |
| 1:2020cv01335 |
| September 22, 2020 |
| US District Court for the Central District of Illinois |
| James E Shadid |
| Prisoner Petitions - Prison Conditions |
| 28 U.S.C. ยง 1331 |
| None |
Docket Report
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| Filing 10 MOTION for Leave to File Amended Complaint by Plaintiff Bryce Draper. Responses due by 11/27/2020 (AEM, ilcd) |
TEXT ORDER entered by Judge James E. Shadid on 11/13/2020. Plaintiff has filed a motion for appointment of counsel #9 . Plaintiff has no constitutional right to the appointment of counsel and the Court cannot require an attorney to accept pro bono appointment in a civil case. The most the Court can do is ask for volunteer counsel. See Jackson v. County of McLean, 953 F.2d 1070, 1071 (7th Cir. 1992). In considering Plaintiff's motion, the Court must ask two questions: "(1) has the indigent plaintiff made a reasonable attempt to obtain counsel or been effectively precluded from doing so; and if so, (2) given the difficulty of the case, does the plaintiff appear competent to litigate it himself?" Pruitt v. Mote, 503 F.3d 647, 654 (7th Cir. 2007), citing Farmer v. Haas, 990 F.2d 319, 322 (7th Cir. 1993). While Plaintiff asks the Court to appoint either Michelle Obama, Nancy Grace, Kimberly Kardashian West, or Mik Kikead to represent him, Plaintiff has failed to demonstrate he made any attempt on his own to file counsel to assist him. Plaintiff should provide a list of attorneys he has contacted or copies of letters sent or received. Plaintiff must also clarify his claims before the Court could consider his motion for appointment of counsel. See October 28, 2020 Merit Review Order. Plaintiff's motion is denied with leave to renew #9 . (SAG, ilcd)
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| Filing 9 MOTION for Appointment of Counsel by Plaintiff Bryce Draper. Responses due by 11/24/2020 (JS, ilcd) |
| Filing 8 Exhibit by Bryce Draper. (AEM, ilcd) |
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Filing 7
MERIT REVIEW ORDER entered by Judge James E. Shadid on 10/28/2020. IT IS THEREFORE ORDERED: 1) Plaintiff's motion for a Temporary Restraining Order or Preliminary Injunction is denied. #4 . 2) Plaintiff's Motion for Leave to File an Amended Complaint is granted pursuant to Federal Rule of Civil Procedure 15. #3 . 3) Plaintiff's amended complaint is dismissed for failure to state a claim upon which relief can be granted and as a violation of Rule 8 of the Federal Rules of Civil Procedure. 4) If Plaintiff believes he can state a claim against Defendant Dr. Hou based on deliberate indifference to a serious medical condition, he may file a motion for leave to amend within 21 days of this order. If Plaintiff fails to file his motion for leave to amend on or before November 18, 2020 or fails to follow this Court's instructions, his case will be dismissed. 5) Plaintiff's motion to proceed in forma pauperis has been granted. See October 26, 2020 Text Order. Plaintiff is reminded he must pay the initial partial filing fee of $2.10 on or before November 25, 2020, or his case could be dismissed. 6) The Clerk of the Court is directed to provide Plaintiff with a blank complaint form to assist him and reset the internal merit review deadline within 30 days of this order. SEE FULL WRITTEN ORDER.(SAG, ilcd)
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TEXT ORDER granting #5 Petition to Proceed In Forma Pauperis. Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $2.10. The agency having custody of Plaintiff is directed to forward the initial partial filing fee from Plaintiff`s account to the Clerk of Court within 30 days of this order. After payment of the initial partial filing fee (or immediately if no funds are available for that payment) the agency having custody of Plaintiff shall make monthly payments of 20 percent of the preceding month`s income credited to Plaintiff's account to the Clerk of Court. Income includes all deposits from any source, including gifts. The agency having custody of the plaintiff shall forward these payments each time Plaintiff's account exceeds $10, until the filing fee of $350 is paid in full. Plaintiff is ultimately responsible for ensuring that the initial partial filing fee and required monthly payments are made. Failure to do so may result in dismissal of this case. The Clerk is directed to mail a copy of this order to Plaintiff's place of confinement, to the attention of the Trust Fund Office, and to Plaintiff. Entered by Judge James E. Shadid on 10/26/2020. (SAG, ilcd)
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| Filing 6 +++ PRISONER TRUST FUND LEDGER. by Bryce Draper (SAG, ilcd) |
| Filing 5 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Bryce Draper.(SAG, ilcd) |
| Filing 4 MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order by Plaintiff Bryce Draper. Responses due by 11/2/2020 (SAG, ilcd) |
| Filing 3 MOTION for Leave to File Amended Complaint by Plaintiff Bryce Draper. Responses due by 11/2/2020 (SAG, ilcd) |
| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge James Shadid. Effective immediately, all documents should be mailed or scanned to the Peoria Division, 100 NE Monroe Street, Peoria, IL 61602. Merit Review Deadline set for 10/15/2020. (Attachments: #1 Notice Regarding Privacy Issues)(SAG, ilcd) |
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TEXT ORDER entered by Judge James E. Shadid on 9/25/2020. Plaintiff has filed a Complaint but has not paid the $400 filing fee nor filed a petition to proceed in forma pauperis. Within 21 days of the entry of this order, Plaintiff must pay the $400 filing fee in full or file a petition to proceed in forma pauperis with attached trust fund ledgers for the last 6 months. Failure to comply without good cause will result in dismissal of this case without prejudice, and the Plaintiff will still be responsible for payment of the filing fee. See 28 U.S.C. Sec. 1914. The Clerk is directed to send Plaintiff the forms for proceeding in forma pauperis.(SAG, ilcd)
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TEXT ORDER entered by Judge James E. Shadid on 9/25/2020. Plaintiff has filed a document entitled Emergency Motion for Immediate Release or Compassionate Release #1 . Plaintiff has not included a complaint, nor a filing fee. His motion includes a list of problems with his current incarceration at the Federal Correctional Center in Pekin, Illinois including the diet, the accommodations, the lack of exercise, a denial of medical care, etc. Plaintiff also refers to his concerns over COVID-19 and the "First Steps Acts Amendment." (Mot., p. 4). Plaintiff does not request damages. Therefore, it appears Plaintiff intended to file a motion for compassionate release pursuant to 18 U.S.C. 3582(c)(1). However, Plaintiff must file his motion in the criminal case which imposed his current sentence. This Court cannot order Plaintiff's release pursuant to 18 U.S.C. 3582(c)(1). The Court also notes Plaintiff does not have any criminal cases in the Central District. Therefore, his motion is denied. If Plaintiff instead intended to file a lawsuit pursuant to Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (2017), he must file an amended complaint clearly identifying his claims and defendants and explaining how each Defendant violated his constitutional rights. Plaintiff is admonished he must exhaust his administrative remedies before filing a complaint and he must not include unrelated claims against different defendants in one complaint. See George v Smith, 507 F.3d 605, 607 (7th Cir. 2007)("multiple claims against a single party are fine, but Claim A against Defendant 1 should not be joined with unrelated Claim B against Defendant 2"). Finally, Plaintiff is advised he cannot see his release with a Bivens lawsuit. He may only request damages or perhaps injunctive relief. The Court will allow Plaintiff 21 days to file an amended complaint if Plaintiff wishes to pursue a Bivens claim for damages. If Plaintiff takes no action on or before 10/16/2020, his case will be dismissed. If Plaintiff wishes to refile his Motion for Compassionate Release, he must file his motion in his previous criminal case in the appropriate court. (SAG, ilcd)
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| Filing 1 COMPLAINT against United States of America, filed by Bryce Draper.(SAG, ilcd) |
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