Britten v. Illinois Department of Corrections et al
| Clarence Britten |
| Illinois Department of Corrections, Latoya Hughes, Illinois Department of Corrections Administrative Review Board, . Rivett, Pontiac Correctional Center Internal Affairs Department, Melvin Hinton, . Howell, . Paul, Matthew Goodwin, . Gish, . Eusey, . Smeits, John Does, Jade Cullen, . Estes, Rodney Alford and John/Jane Doe |
| 1:2024cv01047 |
| January 26, 2024 |
| U.S. District Court for the Central District of Illinois |
| James E Shadid |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 18, 2024. A more recent docket listing may be available from PACER.
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| Filing 11 Remark: Docket Sheet sent to plaintiff. (TK) |
| Filing 10 Letter from Clarence Britten requesting status of his case. Clerk forwards a copy of the docket sheet. (TK) |
| Filing 9 AMENDED COMPLAINT against All Defendants, filed by Clarence Britten.(ANW) |
TEXT ORDER entered by Judge James E. Shadid on 2/26/2024. On February 5, 2024, the Court dismissed Plaintiff's Amended Complaint as a violation of Fed. R. Civ. P. 8 and gave Plaintiff a final opportunity to file a Second Amended Complaint within 30 days. Plaintiff now files a timely Second Amended Complaint. Plaintiff's Motion for Leave to File Amended Complaint #8 is GRANTED. The Clerk is hereby directed to file the Second Amended Complaint and set the merit review deadline 30 days out.(ANW)
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| Filing 8 MOTION for Leave to File Amended Complaint re #1 Complaint by Plaintiff Clarence Britten. Responses due by 3/8/2024 (TK) |
| Prisoner Initial Partial Filing Fee received 2/22/2024, in the amount of $ 16.67; receipt number 400000650 (RES) |
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Filing 7
TEXT ORDER entered by Judge James E. Shadid on 2/5/2024. On January 26, 2024, Plaintiff filed a Complaint #1 under 42 U.S.C. 1983 against 17 Defendants. On January 29, 2024, the Court dismissed Plaintiff's Complaint without prejudice as a violation of Fed. R. Civ. P. 8 because Plaintiff's handwriting was illegible. (d/e 1/29/2024). The Court gave Plaintiff leave to file an Amended Complaint to clarify his claims and instructed Plaintiff that his Amended Complaint must be legible and clearly state what happened, when it happened, which Defendants were involved, how each Defendant was involved, and any harm Plaintiff suffered. Id. Plaintiff now files an Amended Complaint, which was docketed as a Motion for Leave to File Amended Complaint #6 . As part of his Amended Complaint, Plaintiff resubmitted illegible pages from his initial Complaint. (Doc. #6 at pp. 5, 7, 10-11). Plaintiff's handwriting is extremely small, illegible, and difficult to read. The Court cannot discern the allegations Plaintiff is attempting to plead against 17 different Defendants. Plaintiff's Motion for Leave to File Amended Complaint #6 is DENIED. Plaintiff will be given a FINAL opportunity to file a Second Amended Complaint to clarify his claims within 30 days. Again, Plaintiff is instructed to clearly state what happened, when it happened, which Defendants were involved, how each Defendant was involved, and any harm Plaintiff suffered. Plaintiff's Second Amended Complaint MUST be legible. To make his Complaint readable, Plaintiff should write one row of text on each line of the complaint form and should not combine two rows of text on the same line. Plaintiff should also write larger so his handwriting is easier to read. If Plaintiff fails to file a Second Amended Complaint on or before March 6, 2024, or does not follow the Court's instructions, this case will be DISMISSED WITH PREJUDICE. The Clerk is directed to send Plaintiff a Section 1983 complaint form. (SAG)
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| Filing 6 MOTION for Leave to File Amended Complaint by Plaintiff Clarence Britten. Responses due by 2/16/2024. (MJC) |
| Filing 5 Remark: complaint attached pursuant to 1/29/24 Text Order. (ANW) |
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MERIT REVIEW TEXT ORDER entered by Judge James E. Shadid on 1/29/2024. Plaintiff filed a Complaint under 42 U.S.C. 1983 alleging violations of his constitutional rights. Plaintiff's Complaint includes 14 handwritten pages. Plaintiff's handwriting is illegible, and it is impossible for the Court to identify the specific allegations against each Defendant and determine whether there are potential claims against them. Plaintiff's Complaint is DISMISSED WITHOUT PREJUDICE as a violation of Federal Rule of Civil Procedure 8. See Ross Bros. Const. Co. v. Int'l Steel Servs., Inc., 283 F.3d 867, 872 (7th Cir. 2002) (the essential function of a complaint under the civil rules...is to put the defendant on notice of the plaintiff's claim); Marshall v. Knight, 445 F.3d 965, 968 (7th Cir. 2006) (Rule 8(a)(2) requires a "'short and plain statement of the claim' sufficient to notify the defendants of the allegations against them and enable them to file an answer."). The Court will allow Plaintiff one opportunity to file an Amended Complaint clarifying his claims within 30 days. His Amended Complaint MUST be legible and clearly state what happened, when it happened, which Defendants were involved, how each Defendant was involved, and any harm Plaintiff suffered. Plaintiff must also provide the date each allegation occurred or a specific timeframe. If Plaintiff fails to file a timely Amended Complaint or follow these instructions, this case will be dismissed with prejudice. The Clerk is directed to send Plaintiff a blank Section 1983 complaint form(ANW)
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| Filing 4 +++ PRISONER TRUST FUND LEDGER by Clarence Britten (ANW) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Clarence Britten.(ANW) |
| 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 2/15/2024. (Attachments: #1 Notice Regarding Privacy Issues)(ANW) |
| Filing 1 COMPLAINT against All Defendants, filed by Clarence Britten.(ANW) |
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TEXT ORDER Entered by Judge James E. Shadid on 1/26/24 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 $6.67. 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 2/26/2024 (ANW)
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