Custer v. Lyons et al
| John Custer |
| Kevin Lyons, Jodi Hoos, D.A. Shelly, Hugh Toner, . Glancey and Shawn Donahue |
| 1:2022cv01460 |
| December 28, 2022 |
| US District Court for the Central District of Illinois |
| Joe Billy McDade |
| 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 February 24, 2023. A more recent docket listing may be available from PACER.
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Filing 16
TEXT ORDER entered by Judge Joe Billy McDade on 2/24/2023. Plaintiff has filed a Motion for Leave to Appeal in forma pauperis #14 and a Motion for Order #15 . In its 1/11/23 Merit Review Order and 2/13/2023 Text Order, the Court directed Plaintiff to provide the basis for his appeal so that the Court could make a good faith finding. Under 28 U.S.C. 1915(a)(3), "an appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith." A good faith appeal is an appeal that "a reasonable person could suppose... has some merit." Walker v. O'Brien, 216 F.3d 626, 632 (7th Cir. 2000). Plaintiff did not state the grounds for his appeal in his Motion for Leave to Appeal in forma pauperis #14 . Instead, he filed a separate Motion for Order #15 , consisting of a 7-page largely illegible narrative and numerous citations to case law. As a result, the Court is unable to determine what Plaintiff's issues on appeal are and make a finding as to whether Plaintiff has a good faith basis for appeal. Plaintiff's Motions #14 and #15 are DENIED. Additionally, Plaintiff filed his Motion for Leave to Appeal in forma pauperis using the District Court's application to proceed in forma pauperis instead of the Seventh Circuit's Affidavit Accompanying Motion for Permission to Appeal in forma pauperis. Plaintiff is hereby given 14 days to re-file a Motion for Leave to Appeal in forma pauperis using the Seventh Circuit's Affidavit and to identify the issues he intends to present on appeal. The Clerk is directed to send a copy of this Text Order to the Seventh Circuit Court of Appeals. (ANW)
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| Filing 15 MOTION for Order re: #14 MOTION for Leave to Appeal in forma pauperis by Plaintiff John Custer. Responses due by 3/9/2023 (FDS) |
| Filing 14 MOTION for Leave to Appeal in forma pauperis by Plaintiff John Custer. Responses due by 3/9/2023 (FDS) |
| Prisoner Initial Partial Filing Fee received 2/21/2023, in the amount of $ 15.50; receipt number PIA100001804 (VH) |
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TEXT ORDER entered by Judge Joe Billy McDade on 2/13/2023. Plaintiff has filed #13 , a Motion for Leave to Appeal in forma pauperis. In its 1/11/23 Merit Review Order, the Court directed Plaintiff to provide the basis for his appeal so that the Court could make a good faith finding. (Doc. #6 at 3-4). Under 28 U.S.C. 1915(a)(3), "[a]n appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith." A good faith appeal is an appeal that "a reasonable person could suppose... has some merit." Walker v. O'Brien, 216 F.3d 626, 632 (7th Cir. 2000). Plaintiff's Motion does not state the grounds for his appeal. As a result, the Court cannot make a finding as to whether Plaintiff has a good faith basis for appeal. #13 is DENIED with leave to renew. Plaintiff is hereby given 14 days in which to identify those issues which he intends to present on appeal. The Clerk is directed to send a copy of this Text Order to the Seventh Circuit Court of Appeals. (ANW)
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| Filing 13 MOTION for Leave to Appeal in forma pauperis by Plaintiff John Custer. Responses due by 2/22/2023 (FDS) |
| Filing 12 PLRA ORDER of USCA as to #8 Notice of Appeal filed by John Custer (FDS) |
| Filing 11 PLRA FEE NOTICE AND ORDER of USCA as to #8 Notice of Appeal filed by John Custer (FDS) |
| Filing 10 NOTICE of Docketing Short Record on Appeal from USCA re #8 Notice of Appeal filed by John Custer. USCA Case Number 23-1150. (FDS) |
| Filing 9 Short Record of Appeal Sent to US Court of Appeals re #8 Notice of Appeal (FDS) |
| Filing 8 NOTICE OF APPEAL as to #6 Merit Review Opinion by John Custer. (FDS) |
| Filing 7 JUDGMENT entered in a civil case (SAG) |
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Filing 6
MERIT REVIEW ORDER entered by Judge Joe Billy McDade on 1/11/2023. IT IS THEREFORE ORDERED: 1) Plaintiff's complaint is DISMISSED WITHOUT PREJUDICE for failure to state a claim upon with relief can be granted under Fed. R. Civ. P. 12(b)(6) and 28 U.S.C. 1915A. Any attempt by Plaintiff to amend his complaint would be futile. 2) The Clerk is directed to enter Judgment and close this case. This dismissal shall count as one of Plaintiff's three allotted strikes pursuant to 28 U.S.C. 1915(g). The Clerk of Court is directed to record Plaintiff's strike in the district's three-strike log. 3) Based on the dismissal of this case, Plaintiff's Motion to Request Counsel #4 is MOOT. 4) Plaintiff must still pay the full filing fee of $350.00 even though his case has been dismissed. The agency having custody of Plaintiff shall continue to make monthly payments to the Clerk of Court, as directed in the Court's prior Order. (See d/e 12/29/2022). 5) If Plaintiff wishes to appeal this judgment, he must file a notice of appeal with this Court within thirty (30) days of the entry of judgment. Fed. R. App. P. 4(a)(4). 6) If Plaintiff wishes to proceed in forma pauperis on appeal, his motion for leave to appeal in forma pauperis must identify the issues that he will present on appeal to assist the Court in determining whether the appeal is taken in good faith. See Fed. R. App. P. 24(a)(1)(c); Celske v. Edwards, 164 F.3d 396, 398 (7th Cir. 1999) (an appellant should be given an opportunity to submit a statement of his grounds for appealing so that the district judge "can make a responsible assessment of the issue of good faith."); Walker v. O'Brien, 216 F.3d 626, 632 (7th Cir. 2000) (providing that a good faith appeal is an appeal that "a reasonable person could suppose... has some merit" from a legal perspective). If Plaintiff chooses to appeal, he will be liable for the $505.00 appellate filing fee regardless of the outcome of the appeal. SEE FULL WRITTEN ORDER.(SAG)
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| Filing 5 +++ PRISONER TRUST FUND LEDGER (SAG) |
| 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 1/18/2023. (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 $15.50. 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 1/30/2023. Entered by Judge Joe Billy McDade on 12/29/2022. (SAG)
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| Filing 4 MOTION to Request Counsel by Plaintiff John Custer. Responses due by 1/11/2023 (SAG) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by John Custer.(SAG) |
| Filing 1 COMPLAINT against All Defendants, filed by John Custer.(SAG) |
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