Coleman v. Melcher et al
| Thomas Coleman |
| Melcher and Illinois State Police |
| 1:2024cv01186 |
| May 17, 2024 |
| US District Court for the Central District of Illinois |
| Jonathan E Hawley |
| James E Shadid |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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| Filing 30 Case transferred in from District of Illinois Northern; Case Number 1:22-cv-03228. . |
| Filing 29 TRANSFERRED to the United States District Court Central Illinois the electronic record.(nsf, ) |
| Filing 28 MINUTE entry before the Honorable Franklin U. Valderrama: Plaintiff brought this Section 1983 action against Defendants in this District #1 . Defendants filed a motion to dismiss #15 claims against Defendants Illinois State Police and Officer Melcher in his official capacity pursuant to Rule 12(b)(3) and 12(b)(6). The Court granted the motion to dismiss and found that venue was improper in the Northern District of Illinois #22 . With leave from the Court, Plaintiff field a motion to transfer the case to the Central District of Illinois #25 , #27 . The Court grants the motion to transfer #25 . The Clerk shall transfer this case forthwith to the Central District of Illinois. All future filings should be made in the new case number assigned by the Central District of Illinois. Mailed notice (jcm) |
| Filing 27 STATUS Update by Thomas Coleman (Received via Intake counter 5/7/24) (nsf, ) |
| Filing 26 MINUTE entry before the Honorable Franklin U. Valderrama: Before the Court is Plaintiff's second motion to transfer the case pursuant to 28 U.S.C. 1406(a) #25 , which was filed in response to the Court's 04/10/2024 order, which in relevant part, Court directed Plaintiff to file a status report indicating if he wishes this action be transferred to the United States Court for the Central District of Illinois or United States District Court for the Southern District of Illinois. However, Plaintiff's second motion to transfer still fails to indicate whether he wants the Court to transfer his case to the Southern District of Illinois or the Central District of Illinois. On or before 05/07/2024, Plaintiff shall state in a status report the case name and number and a brief statement indicating "Central District of Illinois" or "Southern District of Illinois." Failure to comply with this Court's order will result in dismissal of the case without prejudice. Mailed notice (ags) |
| Filing 25 MOTION by Plaintiff Thomas Coleman to transfer case pursuant to 28 U.S.C.1406(a). (Received via Intake counter 4/29/24) (Attachments: #1 Notice of Filing) (nsf, ) |
| Filing 24 MINUTE entry before the Honorable Franklin U. Valderrama: Before the Court is Plaintiff's motion to transfer the case pursuant to 28 U.S.C. 1406(a) #23 , which was filed in response to the Court's order, which in relevant part, granted Defendant Melcher's Rule 12(b)(3) motion and directed Plaintiff to file a status report as to whether he wishes this action be transferred to the United States Court for the Central District of Illinois or United States District Court for the Southern District of Illinois #22 . Plaintiff's motion to transfer does not, however, indicate whether he wants this action transferred to the Central District of Illinois or the Southern District of Illinois. The Court has already indicated that it will transfer Plaintiff's case #22 , so it terminates Plaintiff's motion #23 as moot. By 4/24/2024, the Court directs Plaintiff to file a status report indicating if he wishes this action be transferred to the United States Court for the Central District of Illinois or United States District Court for the Southern District of Illinois. All the status report needs to include are the case name and number and a brief statement indicating "Central District of Illinois" or "Southern District of Illinois." Mailed notice. (kp, ) |
| Filing 23 MOTION by Plaintiff Thomas Coleman to transfer case pursuant to 28 I.S.C. 1406(a). (Received via Intake Counter on 4/8/24) (nsf, ) |
Filing 22
ORDER: For the reasons stated in the accompanying Order, Defendants' Motion to Dismiss under Rule 12(b)(6) #15 is granted and the claims against the State Police are dismissed. Defendant Melcher's Rule 12(b)(3) motion #15 is granted. Coleman is granted until April 9, 2024 to file a status report as to whether he wishes this action be transferred to the United States Court for the Central District of Illinois or United States District Court for the Southern District of Illinois. Signed by the Honorable Franklin U. Valderrama on 3/19/2024. Mailed notice (axc).
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| MAILED copy of Order #22 to Plaintiff Thomas Coleman. (axc). |
| Filing 21 ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice. (tg, ) |
| Filing 20 NOTICE by Hal Dworkin of Change of Address (Dworkin, Hal) |
| Filing 19 REPLY by Illinois State Police, Melcher to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Illinois State Police, Melcher MOTION by Defendants Illinois State Police, Melcher to dismiss for improper venue (Rule 12(b)(3)) #15 , response to motion, #18 (Dworkin, Hal) |
| Filing 18 RESPONSE by Thomas Coleman to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Illinois State Police, Melcher MOTION by Defendants Illinois State Police, Melcher to dismiss for improper venue (Rule 12(b)(3)) #15 (nsf, ) |
| Filing 17 MINUTE entry before the Honorable Franklin U. Valderrama: Plaintiff shall respond to Defendant's motion to dismiss #15 on or before 4/25/2023. Defendants shall reply on or before 5/9/2023. Mailed notice (axc). |
| MAILED copy of Minute Entry #17 to Plaintiff Thomas Coleman. (axc). |
| Filing 16 MEMORANDUM by Illinois State Police, Melcher in support of Motion to Dismiss for Failure to State a Claim, motion to dismiss #15 for improper venue (Rule 12(b)(3)) (Attachments: #1 Exhibit A (Melcher Declaration))(Dworkin, Hal) |
| Filing 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Illinois State Police, Melcher , MOTION by Defendants Illinois State Police, Melcher to dismiss for improper venue (Rule 12(b)(3)) (Dworkin, Hal) |
| Filing 14 ATTORNEY Appearance for Defendants Illinois State Police, Melcher by Hal Dworkin (Dworkin, Hal) |
| Filing 13 WAIVER OF SERVICE returned executed by Thomas Coleman. Illinois State Police waiver sent on 1/31/2023, answer due 4/3/2023; Melcher waiver sent on 1/31/2023, answer due 4/3/2023. (Attachments: #1 Waiver for Def Melcher).(jj, ) |
| Filing 12 MINUTE entry before the Honorable Franklin U. Valderrama: Plaintiff's motion for status update #10 is granted. Upon inquiry by the Court, the Clerk's office has informed the Court that it is in the process of sending the USM 285 forms to the US Marshal's Office. The Court instructs the Clerk to verify that the US Marshal's Office has received the forms, and instructs the US Marshal's Office to serve Defendants. See R. #8 . Mailed notice. (kp, ) |
| SUMMONS Issued as to Defendants Illinois State Police, Melcher to the US Marshals. (td, ) |
| Filing 10 MOTION by Plaintiff Thomas Coleman for status update. (Received for Docketing 1/19/2023) (kl, ) |
| Filing 9 ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. (tg, ) |
| Filing 11 COMPLAINT filed by Thomas Coleman; (td, ) |
| Filing 8 MINUTE entry before the Honorable Franklin U. Valderrama: Plaintiff's application for leave to proceed in forma pauperis #3 is granted. The Court finds that Plaintiff is unable to pay the costs and fees associated with filing this action and thus the filing fee is waived. Plaintiff's motion for attorney representation #4 is denied without prejudice due to Plaintiff's failure to list the attorneys /organizations that Plaintiff contacted seeking representation. Plaintiff may file an amended motion, which must list the firms or organizations that he has contacted to represent him. Because Plaintiff has been authorized to proceed in forma pauperis, pursuant to Federal Rule of Civil Procedure 4(c)(3), the Court orders the United States Marshal's office to serve Defendants. The Clerk is directed to forward Plaintiff's USM-285 forms to the Marshal. The U.S. Marshals Service may first seek a waiver of service under Civil Rule 4(d). Mailed notice. (kp, ) |
| Filing 7 MINUTE entry before the Honorable Franklin U. Valderrama: On or before 09/05/2022 the parties shall file a joint initial status report. A template for the Joint Initial Status Report, setting forth the information required, may be found at http://www.ilnd.uscourts.gov/Judges.aspx by clicking on Judge Valderrama's name and then again on the link entitled 'Joint Initial Status Report. Plaintiff must serve this Minute Entry on all other parties. If the defendant(s) has not been served with process by that date, plaintiff's counsel is instructed to file an individual status report indicating the status of service of process by the same deadline. The parties are further ordered to review all of Judge Valderrama's standing orders and the information available on his webpage. Any nongovernmental corporate party that qualifies under the Rules is reminded of the requirement to file a disclosure statement under Federal Rule of Civil Procedure 7.1/N.D. Ill. Local Rule 3.2. Mailed notice (axc). |
| MAILED copy of Minute Entry #7 to Plaintiff Thomas Coleman. (axc). |
| CASE ASSIGNED to the Honorable Franklin U. Valderrama. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (nsf, ) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (nsf, ) |
| MAILED copy of the Clerk's Notice entry along with the Joint Consent Form to plaintiff. (nsf, ) |
| Filing 4 MOTION by Plaintiff Thomas Coleman for attorney representation. (nsf, ) |
| Filing 3 APPLICATION by Plaintiff Thomas Coleman for leave to proceed in forma pauperis. (nsf, ) |
| Filing 2 CIVIL Cover Sheet. (nsf, ) |
| Filing 1 RECEIVED Complaint and 0 copies by Thomas Coleman. (nsf, ) |
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