Davis v. Buffett et al
| Freddie L Davis, Jr |
| S E Flannery, Roger Pope, Jr and Howard G Buffett |
| 2:2019cv02332 |
| December 11, 2019 |
| US District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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| Prisoner Initial Partial Filing Fee received on 1/21/2020, in the amount of $10.00; receipt number 14626036125 (JRK, ilcd) |
TEXT ORDER entered by Judge Colin Stirling Bruce on 1/17/2020. On December 11, 2019, Plaintiff filed this case alleging a violation of his Constitutional rights, and he moved for leave to proceed in forma pauperis in order to litigate this case. That same day, the Court granted Plaintiff's motion for leave to proceed in forma pauperis and imposed an initial, partial filing fee of $19.63 to be paid by Plaintiff in order to proceed with this case. Because Plaintiff had not paid this initial, partial filing fee by the time that the Court conducted its merit review of his complaint, the Court gave Plaintiff a deadline by which to pay his initial, partial filing fee and advised Plaintiff that, if he did not pay this fee by the Court-imposed deadline, the Court would dismiss this case. This deadline has now expired, and Plaintiff has not paid the fee owed. Accordingly, this case is dismissed without prejudice based upon Plaintiff's failure to pay the $19.63 initial, partial filing fee and based upon Plaintiff's failure to comply with the Court's Orders. No judgment to enter. (KE, ilcd)
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| Filing 8 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Howard G Buffett on 12/13/2019. (KE, ilcd) |
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Filing 7
HIPAA QUALIFIED PROTECTIVE ORDER entered by Judge Harold A. Baker on 12/13/2019. See written order. (KE, ilcd)
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Filing 6
MERIT REVIEW ORDER entered by Judge Harold A. Baker on 12/13/2019. Pursuant to its merit review of the Complaint under 28 U.S.C. Sec 1915A, the Court finds that the plaintiff's complaint states a Due Process claim against Defendant Howard Buffett in violation of his Fourteenth Amendment rights based upon the United States Supreme Court's holding in Monell regarding the alleged unconstitutional policy of allowing female officers to strip search and to belittle male detainees and inmates. Any additional claims shall not be included in the case, except at the Courts discretion on motion by a party for good cause shown or pursuant to Federal Rule of Civil Procedure 15. The Clerk is directed to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. The Clerk is directed to attempt service on Defendant Howard Buffett pursuant to the standard procedures. The Clerk is further directed to dismiss the other two defendants because the plaintiff's complaint fails to state a claim against them upon which relief can be granted. Fed. R. Civ. Pro. 12(b)(6). The plaintiff has thirty (30) days from the date of this Order by which to pay the initial, partial filing fee imposed by the Court. If the plaintiff fails to pay this fee timely, the Court will dismiss this case. See written order. Rule 16 Deadline 2/11/2020. (KE, ilcd)
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| Set/Reset Deadlines: Prisoner Prepayment due by 1/13/2020 (KE, ilcd) |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 12/12/2019. Plaintiff's motion to request counsel #5 is DENIED. The Court generally will not consider recruiting counsel for a pro se plaintiff until the Court determines that he possess a claim upon which relief can be granted after the Court conducts a merit review of the complaint. Plaintiff may renew his motion if his claim survives a merit review that the Court will conduct in the near future. (KE, ilcd)
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| Filing 5 MOTION to Request Counsel by Plaintiff Freddie L Davis, Jr. Responses due by 12/26/2019 (Attachments: #1 Exhibit)(KE, ilcd) |
| Filing 4 +++ PRISONER TRUST FUND LEDGER by Freddie L Davis, Jr. (KE, ilcd) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Freddie L Davis, Jr.(KE, ilcd) |
| 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 Urbana Division, 201 S Vine Street, Urbana, IL 61802.Merit Review Deadline set for 12/31/2019. (Attachments: #1 Notice Regarding Privacy Issues)(KE, ilcd) |
| Filing 1 COMPLAINT against All Defendants, filed by Freddie L Davis, Jr. (Attachments: #1 Exhibits)(KE, ilcd) |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 12/11/2019 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 $19.63. 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. (KE, ilcd)
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