Jones v. Foster et al
| Edgar Jones, Jr |
| Levi Foster, Tod Punke, . Gate, Illinois Department of Corrections, . Foulk, . Blackwell, . Burle, Rob Jeffreys, Camile Lindsay, . Tangman, Kriston Smith and Gregory Kochel |
| 1:2023cv01414 |
| November 6, 2023 |
| 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 |
| None |
Docket Report
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| Filing 3 JUDGMENT entered. (KE) |
TEXT ORDER entered by Judge Joe Billy McDade on 12/20/2023. On 11/6/23 the Court received a Complaint #1 from Plaintiff. The Complaint was 7 pages long and incomplete. There is no description of what occurred, and the Complaint was unsigned. Fed. R. Civ. P. 8(a)(2) requires a short and plain statement of the plaintiff's claim. And a District Court must strike an unsigned pleading. Marcure v. Lynn, 992 F.3d 625 (7th Cir. 2021). The Court struck the complaint on 11/7/23 and allowed Plaintiff 30 days to amend. The Court sua sponte allowed Plaintiff an additional 7 days, through 12/12/23, to amend. As no amended complaint was filed by the deadline, this action is now dismissed with prejudice pursuant to Rule 41(b) for failure to prosecute and for failure to comply with Court orders. Judgment to enter for Defendants. See Harris v. Emanuele, 826 F. Appx. 567, 569 (7th Cir. 2020) (affirming the district court's denial of a motion to reopen the case after dismissing the plaintiff's suit for failing to comply with the district court's orders). (KE)
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TEXT ORDER entered by Judge Joe Billy McDade on 12/6/2023. On 11/6/23 the Court received a Complaint #1 from Plaintiff. The Court struck the complaint on 11/7/23 because it was unsigned and appeared incomplete and allowed Plaintiff 30 days to amend. On 11/30/23 Plaintiff sent an email to the Clerk that was apparently intended to be a motion for extension of time to file his amended complaint. However, that email does not comply with the Court's Local Rule 5.4, which governs email filings by unrepresented parties. Plaintiff's email will not be filed. Plaintiff can access the Local Rules at https://www.ilcd.uscourts.gov/local-rules to review the requirements of email filing. Specifically, Plaintiff must attach pleadings as a pdf document, the document must be signed in the form "s/name", the email must be sent to proselitigants_efiling@ilcd.uscourts.gov, the email must include Plaintiff's name, address, and telephone number, and no additional comments, messages, or questions are to be included in the email. The Court on its own motion will allow Plaintiff through 12/12/23 to amend his complaint. Failure to do so will result in dismissal of this case. (KE)
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TEXT ORDER entered by Judge Joe Billy McDade on 11/7/2023. On 11/6/23 the Court received a Complaint #1 from Plaintiff. The Complaint is 7 pages long and appears incomplete. There is no description of what occurred, and the Complaint is unsigned. Fed. R. Civ. P. 8(a)(2) requires a short and plain statement of the plaintiff's claim. And a District Court must strike an unsigned pleading. Marcure v. Lynn, 992 F.3d 625 (7th Cir. 2021). Plaintiff's Complaint #1 is STRUCK as it is an unsigned pleading. The Complaint also fails to comply with Fed. R. Civ. P. 8(a)(2) as it does not contain a statement of Plaintiff's claim or a description of what happened. It is unclear if Plaintiff was at the prison in Pontiac as an inmate, as an employee, or as a visitor. Plaintiff should clarify this question too in his amended complaint. Plaintiff is granted leave to file an amended complaint by 11/28/23. (KE)
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| 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 11/27/2023. (Attachments: #1 Notice Regarding Privacy Issues)(KE) |
| Filing 1 COMPLAINT against All Defendants, filed by Edgar Jones, Jr.(KE) |
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