Cross v. Vermilion County Public Safety Building
Plaintiff: Michael Cross
Defendant: Vermilion County Public Safety Building
Case Number: 2:2019cv02088
Filed: April 10, 2019
Court: US District Court for the Central District of Illinois
Presiding Judge: Colin Stirling Bruce
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 7, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 7, 2019 Filing 11 MOTION for Leave to File Amended Complaint by Plaintiff Michael Cross. Responses due by 6/21/2019 (VH, ilcd)
June 7, 2019 Filing 10 AFFIDAVIT re: #9 Motion to Request Counsel by Michael Cross. (VH, ilcd)
May 20, 2019 Opinion or Order TEXT ORDER entered by Judge Colin Stirling Bruce on 5/20/2019. Plaintiff filed a proposed amended complaint on May 8, 2019, followed by another complaint on May 16, 2019. [6, 8]. Both were filed as motions for leave to amend. [6, 8]. The Court notes each complaint includes different claims and it is unclear which complaint Plaintiff intended to pursue. All claims MUST be included in one complaint. In addition, for any allegation, Plaintiff must state when the event occurred, what happened, which specific Defendants were involved, and how the Defendant was involved. Furthermore, Plaintiff cannot combine unrelated claims against different defendants in one complaint. See George v Smith, 507 F.3d 605, 607 (7th Cir. 2007)("multiple claims against a single party are fine, but Claim A against Defendant 1 should not be joined with unrelated Claim B against Defendant 2). Due to the confusion over intended claims and Defendants, Plaintiff's motions to amend are denied. [6,8]. The Clerk is again directed to provide Plaintiff with a blank complaint form. Plaintiff MUST file his proposed amended complaint on or before June 10, 2019. If Plaintiff fails to file his amended complaint in compliance with this order on or before June 10, 2019, his case will be dismissed. The Clerk is also directed to reset the internal merit review deadline within 30 days of this order. Finally, Plaintiff's motion for appointment of counsel is denied. #9 . Plaintiff must first clarify his claims and Defendants. In addition, Plaintiff must demonstrate some attempt to find counsel on his own such as a list of attorneys contacted or copies of letters sent and received. See Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007). (VH, ilcd)
May 17, 2019 Prisoner Initial Partial Filing Fee received 5/17/2019, in the amount of $26.50; receipt number 14626034509 (SAG, ilcd)
May 16, 2019 Filing 9 MOTION to Request Counsel by Plaintiff Michael Cross. Responses due by 5/30/2019 (VH, ilcd)
May 16, 2019 Filing 8 MOTION for Leave to File Amended Complaint by Plaintiff Michael Cross. Responses due by 5/30/2019 (VH, ilcd)
May 9, 2019 Filing 7 +++ PRISONER TRUST FUND LEDGER by Michael Cross (VH, ilcd)
May 9, 2019 Opinion or Order TEXT ORDER granting #4 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 $4.50. The agency having custody of Plaintiff is directed to forward the initial partial filing fee from Plaintiff's account to the Clerk of Court. After payment of the initial partial filing fee (or immediately if no funds are available for that payment) the agency having custody of Plaintiff is directed to 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. 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. Entered by Judge Colin Stirling Bruce on 5/9/2019. (VH, ilcd)
May 8, 2019 Filing 6 MOTION for Leave to File Amended Complaint by Plaintiff Michael Cross. Responses due by 5/22/2019 (SAG, ilcd)
May 2, 2019 Opinion or Order TEXT ORDER entered by Judge Colin Stirling Bruce on 5/2/2019. On April 16, 2019, the Court noted Plaintiff had filed a letter with the Court, but it was unclear whether he intended to open a lawsuit. Plaintiff was directed to either pay the filing fee or file a motion to proceed in forma pauperis, and to file a complaint clearly setting forth his claims and defendants. See April 16, 2019 Text Order. Plaintiff has now filed a motion to proceed IFP, and a motion for more time to file his complaint. #3 . Plaintiff says in order to provide the appropriate information, he needs copies of grievances he filed at the jail. Plaintiff says he has requested the information, but it has not been provided. The Court will allow Plaintiff a brief extension of time. Plaintiff is reminded he need only provide a short and plain statement of his claim pursuant to Federal Rule of Civil Procedure 8. However, Plaintiff does need to provide a general time frame for his allegations and the name or a description of any Defendants. In addition, Plaintiff is advised he must not include unrelated claims against different defendants in one lawsuit. See George v Smith, 507 F.3d 605, 607 (7th Cir. 2007)("multiple claims against a single party are fine, but Claim A against Defendant 1 should not be joined with unrelated Claim B against Defendant 2). Unrelated claims against different defendants must be filed in separate lawsuits. Plaintiff's motion for additional time is granted. #3 . Plaintiff must file his proposed amended complaint on or before May 23, 2019 or his case will be dismissed and he will be responsible for payment of the filing fee. The Clerk is directed to reset the internal merit review deadline for May 23, 2019. (VH, ilcd)
May 1, 2019 Filing 5 Letter from CDIL to Vermilion County Public Safety Bldg, Attn: Trust Fund Department requesting ledgers as to Michael Cross (11/10/2018-4/10/2019) (VH, ilcd)
May 1, 2019 Filing 4 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Michael Cross.(VH, ilcd)
May 1, 2019 Filing 3 MOTION for Extension of Time to File Complaint and/or MOTION to Dismiss Case and/or Notice of Compliance re Text Order entered on 4/16/2019 by Plaintiff Michael Cross. Responses due by 5/15/2019 (VH, ilcd)
April 16, 2019 Opinion or Order TEXT ORDER entered by Judge Colin Stirling Bruce on 4/16/2018. Plaintiff filed a letter with the Court which has been filed as a complaint. See Bahler v Lopez, 2007 WL 1375924 (7th Cir. May 10, 2007)(clerk may not refuse pro se plaintiffs initial submission, a letter, for failing to follow Fed.R.Civ.P 8). However, it is not clear to the Court whether the Plaintiff intended to open a lawsuit. Therefore, the Court will allow the Plaintiff 21 days to clarify his intentions. If the Plaintiff DID intend to file a lawsuit, he must file a complaint clearly setting forth his claims and Defendants on or before May 3, 2019. Plaintiff must use the complaint form provided. Plaintiff must also either pay the $400 filing fee in full or file a motion to proceed in forma pauperis (IFP) on or before May 3, 2019. If the Plaintiff DID NOT intend to open a lawsuit, he must state so in writing on or before the May 3, 2019 deadline. The Court will then dismiss this lawsuit and no filing fee will be owed. If the Plaintiff takes no action by the May 3, 2019, then the Court will assume Plaintiff did intend to open a lawsuit and he will be responsible for the $400 filing fee even if his case is later dismissed. The Clerk is to send the Plaintiff a blank complaint form and IFP form to assist him. (VH, ilcd)
April 10, 2019 Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Colin Stirling Bruce. 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 4/30/2019. (Attachments: #1 NOTICE REGARDING PRIVACY ISSUES)(VH, ilcd)
April 10, 2019 Filing 1 COMPLAINT against Vermilion County Public Safety Building, filed by Michael Cross.(VH, ilcd)

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