Johnston v. Ozuna et al
| Suzanne Johnston and Suzanne L Johnston |
| Teresa Ozuna, Abigail M., Adam Rieger, Hyvee, Jose Alwan and Dream Center Peoria |
| 1:2024cv01018 |
| January 16, 2024 |
| US District Court for the Central District of Illinois |
| Jonathan E Hawley |
| James E Shadid |
| Civil Rights: Other |
| 28 U.S.C. ยง 1983 Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 6, 2024. A more recent docket listing may be available from PACER.
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| Filing 6 JUDGMENT entered. (TK) |
Filing 5
ORDER entered by Judge James E. Shadid on 1/26/2024: Johnston's Complaint (Doc. 1) in Johnston v. Ozuna, et al., JES-24-1018 (C.D. Ill. Jan. 16, 2024), is DISMISSED with prejudice.(TK)
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| Filing 4 NOTICE of Change of Address by Suzanne L Johnston. Plaintiff's new address is 328 E. Elmhurst Ave., Peoria, IL 61603. (TK) |
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Text Only Order: It has come to the Courts attention that the docket erroneously reflects that certain individuals who are not named in the Complaint #1 are nevertheless defendants to Plaintiffs cause of action. Accordingly, the Clerk is direct to remove defendants Adam Rieger, Hyvee, Jose Alwan, and Dream Center Peoria from the suit. Entered by Judge James E. Shadid on 1/17/2024. (CG)
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TEXT ONLY ORDER: Plaintiff has filed a Complaint #1 and petition to proceed in forma pauperis #2 , attesting to receiving $823 in monthly SSDI benefits, having $5 in savings, and owing $3,500 in student loan debt. Plaintiff does not identify any transportation, housing, or monthly expenses; nor does she identify any items of value that she owns. Instead, Plaintiff answers these sections of the standard IFP form by writing PERSONAL in the space provided. The IFP request is reviewed under 28 U.S.C. Section 1915 which is designed to ensure indigent litigants meaningful access to the federal courts. See Neitzke v. Williams, 490 U.S. 319, 327 (1989). The court must deny an IFP request, however, if: (1) the allegation of poverty is untrue; (2) the action is frivolous; (3) the action fails to state a claim; or (4) the action seeks monetary relief against an immune defendant. 28 U.S.C. Section 1915(e)(2). Plaintiff's failure to identify any expenses or valuable possessions as required in her request for IFP causes the Court to question the accuracy and, perhaps, the veracity of Plaintiff's petition. Accordingly, #2 is DENIED with leave to re-file, providing more information, within 30 days. If Plaintiff refiles, the Court will review the sufficiency of the Complaint under 28 U.S.C. Section 1915(e)(2). In the alternative, Plaintiff must pay the $405.00 filing fee within 30 days. Additionally, Plaintiffs Motion #3 to Request Counsel is denied at this time. Plaintiff may renew her motion to request counsel after completing the application to proceed in forma pauperis and resubmitting her motion for appointment of counsel. Entered by Judge James E. Shadid on 1/17/2024. (CG) Modified on 1/17/2024 to correct typo (TK).
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| Filing 3 MOTION to Request Counsel by Plaintiff Suzanne Johnston. Responses due by 1/30/2024. (ED) |
| Filing 2 PETITION TO PROCEED IN FORMA PAUPERIS filed by Suzanne Johnston.(ED) |
| Filing 1 COMPLAINT filed by Suzanne Johnston.(ED) |
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