Custer v. Hart et al
| John Custer |
| . Hart, . Owens, . Neilson, John/Jane Does, . Berniece, . Sanders, Diana Powers and . Munoz |
| 1:2022cv01406 |
| November 22, 2022 |
| US District Court for the Central District of Illinois |
| Joe Billy McDade |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 9, 2023. A more recent docket listing may be available from PACER.
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| Filing 10 AMENDED COMPLAINT against All Defendants, filed by John Custer.(SAG) |
TEXT ORDER entered by Judge Joe Billy McDade on 1/9/2023. On 12/29/2022, the Court permitted Plaintiff to file an Amended Complaint within 30 days to add additional claims for relief. (d/e 12/29/2022). Plaintiff has now filed a timely Amended Complaint. The Motion for Leave to File Amended Complaint #9 is GRANTED. The Clerk is hereby directed to file the Amended Complaint and set the merit review deadline 30 days out.(SAG)
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| Filing 9 MOTION for Leave to File Amended Complaint by Plaintiff John Custer. Responses due by 1/20/2023 (AEM) |
| Filing 8 MOTION to Amend/Correct #1 Complaint by Plaintiff John Custer. Responses due by 1/12/2023 (FDS) |
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TEXT ORDER entered by Judge Joe Billy McDade on 12/29/2022. Plaintiff files #6 , a Motion to Request Counsel, asking the Court to appoint pro bono counsel to represent him. #6 is DENIED, with leave to renew after Plaintiff demonstrates he has made reasonable efforts to find counsel on his own. See Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007). This typically requires writing to several lawyers. If Plaintiff renews his motion for appointment of counsel, he is directed to provide copies of 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). Additionally, Plaintiff filed a Complaint and, prior to it undergoing merit review, now files two Motions to Amend Complaint, stating that he would like to additional requests for relief. The Court will not, however, allow a piecemeal amendment of the Complaint. #7 and #8 are DENIED; however, Plaintiff will have 30 days in which to file an Amended Complaint. The filing is to be captioned "Amended Complaint" and is to include all of Plaintiff's claims, without reference to a prior pleading. Plaintiff is to identify those individual persons whom he holds liable for violating his constitutional rights. If Plaintiff does not file an Amended Complaint within 30 days, this case will be dismissed without prejudice.(SAG)
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| Filing 7 MOTION to Amend #1 Complaint by Plaintiff John Custer. Responses due by 1/11/2023 (SAG) |
| Filing 6 MOTION to Request Counsel by Plaintiff John Custer. Responses due by 1/11/2023 (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 $35.00. 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 12/29/2022. Entered by Judge Joe Billy McDade on 11/29/2022. (SAG)
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| Filing 5 +++ PRISONER TRUST FUND LEDGER by John Custer. (KE) |
| Filing 4 Letter Requesting Trust Fund Ledger. Trust Fund Ledgers due by 12/6/2022. (KE) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by John Custer.(KE) |
| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Joe Billy McDade. 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 12/12/2022. (Attachments: #1 Notice Regarding Privacy Issues)(KE) |
| Filing 1 COMPLAINT against All Defendants, filed by John Custer.(KE) |
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