Ocampo v. Wahl et al
| Francisco Ocampo |
| A Wahl, . Strutmier, . Grobe, . Bilerbeck, Harold McKenna, . Webb, N Spencer, . Harris, Jeremy Whicker, . Merek, Cerda Macy, C Bufford, E Meyer, John Cimadomo, Travis Bantista, . Gish, R Meister, . Zartein, . Zellers, . Maley, . Naretto, Mallory Kennedy, . Dehm, Leonta L Jackson, . Jibbens and . Bailey |
| 1:2022cv01306 |
| September 7, 2022 |
| US District Court for the Central District of Illinois |
| Michael M Mihm |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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Filing 6
TEXT ORDER Entered by Judge Michael M. Mihm on 10/31/2022. Plaintiff, who is proceeding pro se, has filed an overly long complaint #1 under 42 U.S.C. 1983 consisting of 110 handwritten pages. The complaint, which is difficult to read, is more akin to a daily log or diary with allegations as to 26 different Defendants scattered throughout. This type of narrative fails to comply with Fed. R. Civ. P. 8(a)(2), which provides that a pleading must contain a short and plain statement showing that the pleader is entitled to the relief sought. This complaint is neither short nor plain and fails to provide effective notice of the claims potentially asserted against the many Defendants. Killingsworth v. HSBC Bank Nev., N.A., 507 F.3d 614, 618 (7th Cir. 2007). It also places an unreasonable burden on the Court to parse such a lengthy handwritten narrative to determine which claims, if any, have merit. See Kadamovas v. Stevens, 706 F.3d 843, 844 (7th Cir. 2013) ("District judges are busy, and therefore have a right to dismiss a complaint that is so long that it imposes an undue burden on the judge, to the prejudice of other litigants seeking the judge's attention."). Plaintiff's complaint #1 is DISMISSED, without prejudice, for failure to comply with Rule 8(a)(2). Plaintiff is given leave to file an amended complaint within 30 days. Plaintiff's amended complaint will replace his complaint in its entirety and must contain all allegations against all Defendants. Piecemeal amendments are not accepted. Failure to file a timely amended complaint will result in the dismissal of this case, without prejudice, for failure to state a claim. Additionally, Plaintiff has filed a Motion to Request Counsel #5 . He states that he contacted three law firms regarding representation, but he does not indicate if he received a response to his inquiries. As a result, this Court is unable to determine whether his attempts to secure counsel on his own were unsuccessful. See Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007). #5 is DENIED, with leave to renew. If Plaintiff renews his motion for appointment of counsel, he is directed to provide copies of any letters he received from prospective counsel or indicate whether they responded. See Machicote v. Roethlisberger, 969 F.3d 822, 826, 828-29 (7th Cir. 2020). (Blank Complaint form attached.) (KB)
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| Prisoner Initial Partial Filing Fee received 10/17/2022, in the amount of $25.63; receipt number PIA100001016 (AH) |
| 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 9/28/2022. (Attachments: #1 Notice Regarding Privacy Issues)(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 $25.63. 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 10/11/2022. Entered by Judge Michael M. Mihm on 9/8/2022. (SAG)
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| Filing 5 MOTION to Request Counsel by Plaintiff Francisco Ocampo. Responses due by 9/21/2022 (SAG) |
| Filing 4 +++ PRISONER TRUST FUND LEDGER by Francisco Ocampo (SAG) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Francisco Ocampo.(SAG) |
| Filing 1 COMPLAINT against All Defendants, filed by Francisco Ocampo. (Attachments: #1 proposed summons, #2 cover letter)(SAG) |
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