Custer v. Eddlemon
| John Custer |
| Brian Asbell, . Eddlemon, Rhonda Gyton and . Hart |
| 1:2022cv01143 |
| April 26, 2022 |
| US District Court for the Central District of Illinois |
| Michael M Mihm |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on June 17, 2022. A more recent docket listing may be available from PACER.
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| Filing 14 Mail Returned as Undeliverable, re Text Order 6/6/2022, Judgment #13 . Mail sent to John Custer. (SAG) |
| Filing 13 JUDGMENT entered in a civil case (SAG) |
TEXT ORDER entered by Judge Michael M. Mihm on 6/6/2022. On May 11, 2022, the Court directed Plaintiff to file a notice of change of address within 14 days, after a status report filed by Sheriff Brian Asbell indicated that Plaintiff was released from the Peoria County Jail. (d/e 5/11/2022; Doc. #9 ). The Court warned Plaintiff that failure to notify the Court of his new address would result in the dismissal of this case, with prejudice. A copy of the Text Order was mailed to Plaintiff's last known address, but it was returned to the Court as undeliverable. (Doc. 12). Pursuant to Central District of Illinois Local Rule 16.3(K), every pro se plaintiff must notify the Clerk in writing of any change of address during the entire pendency of his case. It is not the Court's responsibility to independently maintain current addresses on all parties to pending actions. To date, Plaintiff has not notified the Court of his address. Therefore, Plaintiff's Complaint is DISMISSED, with prejudice, for failure to prosecute. Fed. R. Civ. P. 41(b). Plaintiff remains responsible for the remainder of the outstanding filing fee even though his case has been dismissed. If Plaintiff wishes to appeal this dismissal, he may file a notice of appeal with this Court within 30 days of the entry of judgment. Fed. R. App. P. 4(a). A motion for leave to appeal in forma pauperis should set forth the issues Plaintiff plans to present on appeal. Fed. R. App. P. 24(a)(1)(C). If Plaintiff does choose to appeal, he will be liable for the $505 appellate filing fee irrespective of the outcome of the appeal.(SAG)
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| Filing 12 Mail Returned as Undeliverable, re Text Order 5/11/2022. Mail sent to John Custer at Peoria Co. Jail. (SAG) |
| Filing 11 Mail Returned as Undeliverable, re Text Order 5/3/2022. Mail sent to John Custer at Peoria County Jail. (SAG) |
| Filing 10 Mail Returned as Undeliverable, re #8 , #6 , #7 . Mail sent to John Custer at Peoria County Jail. (SAG) |
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TEXT ORDER entered by Judge Michael M. Mihm on 5/11/2022. The Status Report #9 of Sheriff Brian Asbell indicates that Plaintiff was released from the custody of the Peoria County Jail on May 6, 2022. Plaintiff is reminded that he is under a continuing obligation to keep the Clerk and each opposing party informed of any change in his location. (See Merit Review Order #6 at p. 8). Pursuant to Central District of Illinois Local Rule 16.3(K), every pro se plaintiff must notify the Clerk of this Court in writing of any change of address during the entire pendency of his case. It is not the Court's responsibility to independently maintain current addresses on all parties to pending actions. Plaintiff shall, no later than 14 days from the date of this Order, file a notice of change of address with the Clerk. Failure to do so will result in dismissal of this action, with prejudice. As a courtesy to Plaintiff, the Clerk is directed to send a copy of this Order to Plaintiff's last known address.(SAG)
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| Filing 9 STATUS REPORT pursuant to 5.3.22 order by Brian Asbell. (Hughes, Dana) |
| Filing 8 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to. Eddlemon on 5/3/2022. (SAG) |
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Filing 7
HIPAA QUALIFIED PROTECTIVE ORDERentered by Judge Michael M. Mihm on 5/3/2022. (SAG)
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Filing 6
MERIT REVIEW ORDER entered by Judge Michael M. Mihm on 5/3/2022. IT IS THEREFORE ORDERED: 1. According to the Court's Merit Review of Plaintiff's complaint under 28 U.S.C. 1915A, Plaintiff has alleged enough facts to proceed with an excessive force claim against Defendant Eddlemon. Additional claims shall not be included in the case, except in the Court's discretion on motion by a party for good cause shown under Federal Rule of Civil Procedure 15. 2. Defendants Hart, Asbell, and Gyton are DISMISSED. SEE FULL WRITTEN ORDER.(SAG)
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| Filing 5 +++ PRISONER TRUST FUND LEDGER (SAG) |
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TEXT ORDER granting #3 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 $17.40. 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. 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. Prisoner Prepayment due by 6/2/2022. Entered by Judge Michael M. Mihm on 5/3/2022. (SAG)
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| Filing 4 MOTION for Temporary Restraining Order by Plaintiff John Custer. Responses due by 5/11/2022 (Attachments: #1 second letter)(SAG) |
| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Michael Mihm. 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 5/17/2022. (Attachments: #1 Notice Regarding Privacy Issues)(SAG) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by John Custer.(SAG) |
| Filing 1 COMPLAINT against All Defendants, filed by John Custer. (Attachments: #1 envelope)(SAG) |
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