Rico v. Doe
| Miguel Rico |
| John Doe |
| 1:2025cv01037 |
| January 31, 2025 |
| U.S. District Court for the Central District of Illinois |
| Jonathan E Hawley |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on March 11, 2025. A more recent docket listing may be available from PACER.
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| Filing 10 JUDGMENT entered in a civil case (SAG) |
TEXT ORDER entered by District Judge Jonathan E Hawley on 3/11/2025. On 1/31/2025, Plaintiff filed a Complaint #1 which listed nine additional Plaintiffs, but the pleading was only signed by Plaintiff. The Court instructed Plaintiff to file a Complaint either 1) naming himself solely as Plaintiff, or 2) signed by all Plaintiffs by 2/24/2025, and warned Plaintiff that the failure to do so would result in the dismissal of this case without prejudice. (d/e 2/3/2025; d/e 2/7/2025). The time period has now passed, and Plaintiff has not filed an Amended Complaint or requested an extension of time. Therefore, this case is DISMISSED WITHOUT PREJUDICE. Although this case has been dismissed, Plaintiff remains responsible for payment of the $350 filing fee. (d/e 2/27/2025). If Plaintiff wishes to appeal this dismissal, he must file a notice of appeal with this Court within 30 days of the entry of judgment. Fed. R. App. P. 4(a). A motion for leave to appeal in forma pauperis must set forth the issues Plaintiff plans to present on appeal. Fed. R. App. P. 24(a)(1)(C). If Plaintiff chooses to appeal, he will be liable for the $605 appellate filing fee irrespective of the outcome of the appeal.(SAG)
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TEXT ORDER entered by District Judge Jonathan E Hawley on 2/27/25 granting #6 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 $12.14. 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 3/31/2025 (ANW)
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TEXT ORDER entered by Judge Jonathan E. Hawley on 2/24/2025. Plaintiff files a Motion to Revisit Previous Motion #8 stating that he indicated in his Petition to Proceed in forma pauperis that he is unable to provide a trust fund ledger. A trust fund ledger was filed on 2/21/2025. #8 is DENIED. (ANW)
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| Filing 9 +++ PRISONER TRUST FUND LEDGER by Miguel Rico. (BL) |
| Filing 8 MOTION to Revisit Previous Motion by Plaintiff Miguel Rico. Responses due by 3/7/2025. (BL) |
| Filing 7 Letter Requesting Trust Fund Ledger. Trust fund ledger sheets due by 3/5/2025. (KE) |
| Filing 6 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Miguel Rico. (BL) |
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TEXT ORDER entered by Judge Jonathan E. Hawley on 2/7/2025. Plaintiff's Motion for Leave to Proceed in forma pauperis #4 is DENIED without prejudice. Plaintiff's Motion does not contain sufficient information about his finances. The Court sent Plaintiff the Court's IFP form on 1/31/2025. Plaintiff must pay the $405 filing fee in full or renew his Motion using the form the Court provided by 2/21/2025. Failure to comply without good cause will result in dismissal of this case without prejudice, and the Plaintiff will still be responsible for payment of the filing fee. Plaintiff also files a Motion to Proceed as Class Action #5 . Plaintiff and several other inmates seek to proceed as a class under Rule 23. The Court finds that Plaintiffs would be unable to guarantee adequate representation of all class members as they are in prison and do not have counsel, have not demonstrated an attempt to find counsel, do not have the ability to communicate with all class members, and all potential class members can still bring individual lawsuits. See Howard v. Pollard, 814 F.3d 476, 478 (7th Cir. 2015). Multiple incarcerated plaintiffs may seek to proceed together if joinder of their claims is proper under Rule 20. Boriboune v. Berge, 391 F.3d 852, 85556 (7th Cir. 2004). However, if allowed to proceed in forma pauperis, each litigant is required to pay a filing fee under the Prison Litigation Reform Act. Id. Further, when parties pursue joint litigation, they enjoy the possibility of joint success but also bind themselves to joint losses or joint sanctions that may stem from the case. See id. ("Many prisoners may think that the risks of joint litigation exceed the gains."). The Court struck the Complaint on 2/3/2025 because only Plaintiff had signed it, but nine other plaintiffs were named therein. The Court instructed Plaintiff to either 1) submit an Amended Complaint in only his name, or, 2) alternatively, all Plaintiffs must sign the Amended Complaint. (See d/e 2/3/2025). A complete Amended Complaint must be filed by 2/24/2025. The Amended Complaint must be signed by each Plaintiff. Alternatively, Plaintiff can proceed on solely his own behalf, and each of the other Plaintiffs can file their own individual lawsuits. Failure to file an Amended Complaint by 2/24/2025 will result in dismissal of this case without prejudice.(ANW)
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| Filing 5 MOTION to Proceed as Class Action by Plaintiff Miguel Rico. Responses due by 2/20/2025. (BL) Modified on 2/7/2025 (SAG). |
| Filing 4 MOTION for Leave to Proceed in forma pauperis by Plaintiff Miguel Rico. Responses due by 2/20/2025. (BL) |
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TEXT ORDER entered by Judge Jonathan E. Hawley on 2/3/2025. On January 31, 2025, Plaintiff Miguel Rico filed a Complaint #1 , which lists nine additional Plaintiffs. However, the pleading is only signed by Plaintiff. Because Plaintiff is not a lawyer, he cannot represent anyone but himself; thus, all Plaintiffs are required to sign every filing. See AsymaDesign, LLC v. CBL & Assocs. Mgmt., Inc., 103 F.4th 1257, 125859 (7th Cir. 2024) (citing Fed. R. Civ. P. 11(a)). District Courts must strike unsigned pleadings. Marcure v. Lynn, 992 F.3d 625 (7th Cir. 2021). The Clerk is directed to STRIKE Plaintiff's Complaint. Plaintiff is allowed 21 days to file a Complaint either 1) naming himself solely as Plaintiff, or 2) signed by all Plaintiffs. If multiple Plaintiffs intend to sue together, each will be required to pay a filing fee or file their own request to proceed without prepayment of fees. Failure to file an Amended Complaint within 21 days will result in dismissal of this case without prejudice.(ANW)
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Filing 3
TEXT ORDER entered by District Judge Jonathan E Hawley on 1/31/2025. Plaintiff has filed a Complaint but has not paid the $405 filing fee nor filed a petition to proceed in forma pauperis. Within 21 days of the entry of this order, Plaintiff must pay the $405 filing fee in full or file a petition to proceed in forma pauperis with attached trust fund ledgers for the last 6 months. Failure to comply without good cause will result in dismissal of this case without prejudice, and the Plaintiff will still be responsible for payment of the filing fee. See 28 U.S.C. Sec. 1914. The Clerk is directed to send Plaintiff the forms for proceeding in forma pauperis.(SAG)
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| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Jonathan E Hawley. 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 2/20/2025. (Attachments: #1 Notice Regarding Privacy Issues)(SAG) |
| Filing 1 STRICKEN pursuant to 2/3/25 Text Order - COMPLAINT against John Doe, filed by Miguel Rico.(SAG) Modified on 2/3/2025 to strike (ANW). |
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| Plaintiff: Miguel Rico | |
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| Defendant: John Doe | |
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