Welch v. Miller-Jones et al
| Sean W Welch |
| Marjorie Miller-Jones and . Larson |
| 2:2021cv02192 |
| July 21, 2021 |
| US District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 15, 2021. A more recent docket listing may be available from PACER.
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| Filing 12 Exhibit re #8 MOTION for Leave to File by Sean W Welch. (KE) |
| Filing 11 Exhibit re #8 MOTION for Leave to File by Sean W Welch. (KE) |
TEXT ORDER granting #3 Petition to Proceed In Forma Pauperis entered by Judge Colin Stirling Bruce on 8/16/2021. Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $6.33. 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 9/15/2021). Motions for Leave to Proceed in forma pauperis #7 and #9 are MOOT. (KE)
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| Filing 10 MOTION to Request Counsel by Plaintiff Sean W Welch. Responses due by 8/27/2021 (KE) |
| Filing 9 MOTION for Leave to Proceed in forma pauperis by Plaintiff Sean W Welch. Responses due by 8/27/2021 (KE) |
| Filing 8 MOTION for Leave to File Amended Complaint by Plaintiff Sean W Welch. Responses due by 8/27/2021 (KE) |
| Filing 7 MOTION for Leave to Proceed in forma pauperis by Plaintiff Sean W Welch. Responses due by 8/23/2021 (KE) (Main Document 7 replaced on 8/9/2021) (KE). |
| Filing 6 +++ PRISONER TRUST FUND LEDGER by Sean W Welch. (KE) |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 7/22/2021. A complaint, petition to proceed in forma pauperis, and motion for counsel has been received from the email of a person identifying herself as Plaintiff's wife or fianc. The filings purport to be signed by Plaintiff, who is detained in the Champaign County Jail. Whether Plaintiff intends to pursue an action in federal court is not clear. This is a federal court, and Plaintiff should be aware that if he files an action in federal court that is dismissed for failure to state a federal claim, the dismissal will count as a "strike" against Plaintiff. 28 U.S.C. Sec 1915(g). After three strikes, Plaintiff will not be allowed to proceed in forma pauperis in federal court on a lawsuit he files from jail or prison unless he is in imminent danger of serious physical injury. Id. Additionally, even if Plaintiff is granted leave to proceed in forma pauperis, a filing fee of $350 must be taken in installments from Plaintiff's jail or prison trust account until paid in full, even if the case is dismissed at the beginning for failure to state a claim. 28 U.S.C. Sec 1915(b)(1). Generally, a public defender is not a state actor who can be sued in federal court, and a federal court cannot interfere with ongoing state criminal proceedings. Polk County v. Dodson, 454 U.S. 312 (1981)("a public defender does not act under color of state law when performing a lawyer's traditional functions as counsel to a defendant in a criminal proceeding"); Younger v. Harris, 401 U.S. 37, 43 (1971)("Since the beginning of this country's history Congress has, subject to few exceptions, manifested a desire to permit state courts to try state cases free from interference by federal courts."). If Plaintiff does not wish to pursue this action, then by August 11, 2021, Plaintiff should file a motion to voluntarily dismiss. If Plaintiff files a motion to voluntarily dismiss by August 11, 2021, then the Court will dismiss this case, and no filing fee or strike will be assessed. If Plaintiff does not file a motion to voluntarily dismiss, the filing fee will be assessed and the Court will determine whether the case must be dismissed for failure to state a federal claim. Future filings in this case must be sent by Plaintiff from the Champaign County Jail in order for the Court to ensure that Plaintiff intends to make those filings. (KE)
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| Filing 5 Letter from Clerk of the Court requesting Trust Fund Ledgers. (KE) |
| Filing 4 MOTION to Request Counsel by Plaintiff Sean W Welch. Responses due by 8/4/2021 (KE) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Sean W Welch.(KE) |
| 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 8/10/2021. (Attachments: #1 Notice Regarding Privacy Issues)(KE) |
| Filing 1 COMPLAINT against All Defendants, filed by Sean W Welch.(KE) |
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