Garcia v. Durbin et al
| David Garcia |
| . Durbin and . Paul |
| 1:2022cv01283 |
| August 26, 2022 |
| US District Court for the Central District of Illinois |
| James E Shadid |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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| Document Text |
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| Filing 20 NOTICE of Collateral Issues by David Garcia. (JS) |
| Filing 19 General OBJECTIONS by David Garcia. (JS) |
| Filing 18 MOTION for Leave to File Amended Complaint by Plaintiff David Garcia. Responses due by 10/26/2022 (JS) (Additional attachment(s) added on 10/12/2022: #1 Motion for Leave to File Amended Complaint Part 2) (JS). (Main Document 18 replaced on 10/12/2022) (JS). (Attachment 1 replaced on 10/12/2022) (JS). (Additional attachment(s) added on 10/12/2022: #2 Motion for Leave to File Amended Complaint Part 3) (JS). |
| Filing 17 MOTION for Extension of Time to File Amended Complaint filed as a "Notice of Filing" by Plaintiff David Garcia. Responses due by 10/18/2022 (AH) |
| Filing 16 Remark: Docket Sheet to Plaintiff pursuant to Letter filed 9/23/2022. (KE) |
| Filing 15 Letter from Plaintiff regarding filed responses. (KE) |
| Filing 14 Remark: Amended Complaint form and new Complaint form attached pursuant to Text Order 9/21/2022 (Attachments: #1 new case Complaint form) (SAG) |
TEXT ORDER entered by Judge James E. Shadid on 9/21/2022. On August 26, 2022, Plaintiff submitted an 81-page document which was filed as a complaint #1 . Plaintiff did not use a standard complaint form and listed two Defendants in the caption: Sergeant Durbin and Dr. Paul. On September 6, 2022, Plaintiff filed a 141-page document entitled "Initial Filing Continued" #8 . Plaintiff also referred to filing two complaints. On September 6, 2022. The Court dismissed Plaintiff's filings as a violation of Rule 8 of the Federal Rules of Civil Procedure which calls for a short and plain statement of the intended claims. See September 6, 2022, Text Order. Plaintiff was advised he had not submitted two complaints. The Court provided instructions to assist Plaintiff and additional time to file an amended complaint or complaints clarifying his claims. Plaintiff has now filed a Motion for an Extension of Time #11 . Plaintiff again maintains he filed two complaints. He believes the first complaint against Defendant Durbin was 248 pages, and the second against Dr. Paul was 257 pages. Plaintiff also maintains he needs an attorney to assist him in clarifying his claims. The Court will allow a brief extension of time for Plaintiff to clarify his pleadings, but the Court cannot consider appointment of counsel until Plaintiff has made an effort to comply with the Court's order and the Federal Rules of Civil Procedure more clearly stating his claims. Plaintiff's pending motions for appointment of counsel are denied with leave to renew AFTER Plaintiff files an amended complaint clearly stating a constitutional or federal violation #5 , #9 . Again, for clarification, Plaintiff has NOT filed two complaints. If Plaintiff intends to pursue two lawsuits, he must file two separate complaints and either pay two separate filing fees or file two separate motions to proceed in forma pauperis. The Clerk is to provide Plaintiff with two complaint forms. Plaintiff should choose which claim he wishes to pursue in this lawsuit and file one complaint form in this case, Case No. 22-1283. In addition, Plaintiff's pleading MUST follow both the orders of this Court and the Federal Rules of Civil Procedure. Plaintiff MUST NOT include exhibits, case law, or lengthy background information. Instead, Plaintiff's amended complaint must include numbered paragraphs. For each paragraph, Plaintiff should briefly state what happened, who was as involved, where it occurred, and when it occurred. Plaintiff should not need an attorney to state the basis information concerning his intended claim. The motion for additional time is granted #11 . Plaintiff must file his amended complaint, using the provided complaint form to assist him, on or before October 14, 2022. If Plaintiff again ignores the Court's orders, his case will be dismissed with prejudice and he will be responsible for payment of the filing fee. Plaintiff may also choose to file a separate complaint and pay a separate filing fee if he wishes to pursue a second lawsuit concerning unrelated claims and Defendants. (SAG)
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| Filing 13 Response re 9/6/2022 Text Order filed by David Garcia. (JS) |
| Filing 12 NOTICE of Payment Coming filed by David Garcia. (JS) |
| Filing 11 MOTION for Extension of Time by Plaintiff David Garcia. Responses due by 10/4/2022 (JS) |
| Filing fee: $402, receipt number PIA100000836. (JS) |
| Filing 10 Remark: Prisoner Complaint packet attached pursuant to Text Order 9/6/2022. (SAG) |
| Filing 9 MOTION for Appointment of Counsel by Plaintiff David Garcia. Responses due by 9/20/2022 (JS) |
| Filing 8 NOTICE (filed as Initial Filing Continued) filed by David Garcia. (Attachments: #1 Memorandum, #2 Brief in Support, #3 Pre-Exhibit 1-1, #4 Pre-Exhibit 2-1)(JS) |
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TEXT ORDER entered by Judge James E. Shadid on 9/6/2022. On August 26, 2022, Plaintiff submitted an 81-page document which was filed as a complaint #1 . Plaintiff has identified two Defendants in the caption of his document, Sergeant Durbin and Dr. Paul, but it is unclear why he has named these individuals. The document filed does not follow the format of a complaint and begins with extension background information concerning hunger and Plaintiff's history. Plaintiff has now filed a 141-page document entitled "initial filing continued" which asks to add various other documents in support of two complaints he claims he has submitted #8 . Plaintiff is advised Federal Rule of Civil Procedure 8 requires "a short and plain statement of the claim showing that the pleader is entitled to relief." Fed.R.Civ.P. 8(a)(2). Plaintiff's document does not meet this requirement. Therefore, the Court will strike Plaintiff's complaint as a violation of Rule 8 but allow Plaintiff additional time to file an amended complaint. The clerk is directed to provide Plaintiff with a complaint form to assist him. Plaintiff should use this form to clearly state his claims. Plaintiff should not include background information, but should instead clearly state his claims against any named Defendant. For instance, what is Plaintiff accusing the Defendant of doing which violated his constitutional rights? When and where did it occur? If Plaintiff intended to file two separate lawsuits, he must submit two separate complaints and two separate filing fees or motions to proceed in forma pauperis. Plaintiff is also reminded any complaint filed pursuant to 42 U.S.C.1983 must be filed within the two-year statute of limitations period. See Wilson v Giesen, 956 F.2d 738, 740 (7th Cir. 1992); Farrell v. McDonough, 966 F.2d 279, 280-82 (7th Cir. 1992). Plaintiff must file his amended complaint within 21 days of this order or on or before September 28, 2022. If Plaintiff fails to file his amended complaint by the September 28, 2022 deadline, his case will be dismissed without prejudice. The Clerk is also directed to reset the merit review deadline within 30 days of this order.(SAG)
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TEXT ORDER entered by Judge James E. Shadid on 9/6/2022. Plaintiff's motion for leave to proceed in forma pauperis is denied #3 . Plaintiff's Trust Fund Ledgers demonstrate he had approximately $1,500 when he filed his complaint. Plaintiff must pay the entire $402 filing fee within 14 days of this order or file a motion demonstrating why he is unable to pay that fee. If Plaintiff takes no action on or before September 21, 2022, this case may be dismissed without prejudice. (SAG)
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| Filing 7 +++ PRISONER TRUST FUND LEDGER. by David Garcia (FDS) |
| Filing 6 Letter Requesting Trust Fund Ledger. Trust fund ledger sheets due by 9/12/2022. (SAG) |
| Filing 5 MOTION to Request Counsel by Plaintiff David Garcia. Responses due by 9/9/2022 (SAG) |
| Filing 4 +++ PRISONER TRUST FUND LEDGER. by David Garcia (SAG) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by David Garcia.(SAG) |
| 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 9/15/2022. (Attachments: #1 Notice Regarding Privacy Issues)(SAG) |
| Filing 1 STRICKEN PURSUANT TO TEXT ORDER 9/6/2022--COMPLAINT against. Durbin,. Paul, filed by David Garcia. (Attachments: #1 cover letter)(SAG) Modified on 9/6/2022 (SAG). |
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