Moore v. Nelson et al
| Donald Moore and Donald G Moore |
| . Nelson, . Kramer, . Burns, . Turner, . Walken, . Hoffman and . Johnson |
| 1:2023cv01329 |
| September 5, 2023 |
| US District Court for the Central District of Illinois |
| James E Shadid |
| 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 September 28, 2023. A more recent docket listing may be available from PACER.
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| Prisoner Initial Partial Filing Fee received 9/28/2023, in the amount of $15.51; receipt number PIA100003214. (JS) |
| Filing 9 AMENDED COMPLAINT against All Defendants, filed by Donald G Moore.(ANW) |
TEXT ORDER entered by Judge James E. Shadid on 9/22/2023. On September 7, 2023, the Court dismissed Plaintiff's Complaint as a violation of Fed. R. Civ. P. 11(a) and permitted Plaintiff to file an Amended Complaint within 21 days. Plaintiff has now filed a timely Amended Complaint. Plaintiff's Motion for Leave to File Amended Complaint #6 is GRANTED. The Clerk is hereby directed to file the Amended Complaint and set the merit review deadline 30 days out. Plaintiff's Petition to Proceed In Forma Pauperis #7 is MOOT. The Court granted Plaintiff's prior Petition #3 on September 7, 2023. (d/e 9/7/2023). Plaintiff's Motion to Request Counsel #8 is DENIED with leave to renew. As this Court previously stated, Plaintiff must demonstrate that he made a reasonable attempt to obtain counsel or has been effectively precluded from doing so. Pruitt v. Mote, 503 F.3d 647, 655 (7th Cir. 2007); Eagan v. Dempsey, 987 F.3d 667, 682 (7th Cir. 2021). If Plaintiff renews his Motion to Request Counsel, he must explain what attempts he made to find an attorney and attach any letters he sent to or received from prospective counsel.(ANW)
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| Filing 8 MOTION to Request Counsel by Plaintiff Donald G Moore. Responses due by 10/2/2023 (AH) |
| Filing 7 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Donald G Moore.(AH) |
| Filing 6 MOTION FOR LEAVE TO FILE AMENDED COMPLAINT against All Defendants, filed by Donald G Moore.(AH) Modified on 9/19/2023 to correct docket entry (AH). |
| Filing 5 +++ PRISONER TRUST FUND LEDGER by Donald Moore (ANW) |
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TEXT ORDER Entered by Chief Judge James E. Shadid on 9/7/23 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 $15.51. 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 10/10/2023. (ANW)
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TEXT ORDER entered by Judge James E. Shadid on 9/7/2023. On September 5, 2023, Plaintiff filed a complaint which he failed to sign. (Doc. #1 at p. 7). Federal Rule of Civil Procedure 11 states, "[e]very pleading, written motion, and other paper must be signed... by a party personally if the party is unrepresented." Fed. R. Civ. P. 11(a). The Clerk is directed to strike the unsigned complaint #1 and return the complaint to Plaintiff along with this Order. The Clerk is further directed to provide Plaintiff with a copy of a blank civil rights complaint form. To proceed with this action, Plaintiff must file his signed complaint within 21 days. If Plaintiff fails to file a signed complaint on or before September 28, 2023, this action shall be dismissed for failure to comply with an Order of this Court. See Fed. R. Civ. P. 41(b). Owens v. Coe, 14-1421-MJR, 2015 WL 278531, at *1-2 (S.D. Ill. Jan. 21, 2015). Plaintiff also filed a Motion to Request Counsel #4 asking the Court to appoint pro bono counsel to represent him. The Court must engage in a two-step inquiry: "(1) has the indigent plaintiff made a reasonable attempt to obtain counsel or been effectively precluded from doing so; and if so, (2) given the difficulty of the case, does the plaintiff appear competent to litigate it himself?" Pruitt v. Mote, 503 F.3d 647, 655 (7th Cir. 2007). The first inquiry "is a mandatory, threshold inquiry that must be determined before moving to the second inquiry." Eagan v. Dempsey, 987 F.3d 667, 682 (7th Cir. 2021). This typically requires submitting letters from several attorneys declining assistance. See Olson v. Morgan, 750 F.3d 708, 711 (7th Cir. 2014). Plaintiff did not indicate what attempts he made to find an attorney, nor did he attach any letters he sent to or received from attorneys who declined to represent him. The Court is unable to determine if Plaintiff made a reasonable attempt to secure his own lawyer. Plaintiff's Motion to Request Counsel #4 is DENIED with leave to renew.(ANW)
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| Filing 4 MOTION to Request Counsel by Plaintiff Donald Moore. Responses due by 9/19/2023 (SAG) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Donald Moore.(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 9/25/2023. (Attachments: #1 Notice Regarding Privacy Issues)(SAG) |
| Filing 1 STRICKEN pursuant to 9/7/23 Text Order - COMPLAINT against All Defendants, filed by Donald Moore.(SAG) Modified on 9/7/2023 to strike (ANW). |
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