Johnson v. Joseph et al
| Tommy Johnson |
| Joseph Smith and Agent Appleby |
| 2:2023cv02113 |
| May 16, 2023 |
| US District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| Sara Darrow |
| Eric I Long |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| None |
Docket Report
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This docket was last retrieved on October 17, 2023. A more recent docket listing may be available from PACER.
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| Filing 17 PETITION TO PROCEED IN FORMA PAUPERIS filed by Tommy Johnson.(ED) |
| Filing 16 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Chief Judge Sara Darrow. Effective immediately, all documents should be mailed or scanned to the Rock Island Division, 322 16th Street, Rock Island, IL 61201.Merit Review Deadline set for 6/8/2023. (Attachments: #1 Notice Regarding Privacy Issues)(SAG) |
Filing 15
ORDER entered by Magistrate Judge Eric I. Long on 5/18/2023. For this reasons, Plaintiff's Motion to Request Counsel #4 is DENIED. See written order. (JMB)
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TEXT ORDER OF REASSIGNMENT entered by Chief Judge Sara Darrow on 5/18/2023. This case and the corresponding hearings are reassigned to Chief Judge Sara Darrow for further proceedings. (KE)
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TEXT ORDER entered by Magistrate Judge Eric I. Long on 5/18/2023. Plaintiff filed a form used by prisoners to proceed in forma pauperis. The Court directs the Clerk to provide Plaintiff with the Court's IFP form for civil cases filed by non-incarcerated pro se plaintiffs. Plaintiff's Motion for Leave to proceed in forma pauperis is denied #3 and the Court will consider Plaintiff's proper motion when filed. (JMB)
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| Filing 14 Case transferred in from District of Illinois Southern; Case Number 3:23-cv-01294. . |
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Filing 13
ORDER TRANSFERRING CASE TO OTHER DISTRICT: Under 28 U.S.C. 1391, a civil action may be brought in a judicial district in which: (1) any defendant resides, if all defendants are residents of the State in which the district is located, or (2) a judicial district in which a substantial part of the events giving rise to the claim occurred. See 28 U.S.C. 1391(b)(1), (2). Plaintiff does not know the residency of Defendants, but alleges that their employment is in Champaign, Illinois. Additionally, the events giving rise to Plaintiff's claims occurred in the Central District of Illinois as he alleges that it occurred at his parole site. (Doc. 2, p. 11). Plaintiff also notes that his "parole residence" is in Rantoul, Illinois which is in Champaign County. (Doc. 11, p. 2). Champaign County is in the Central District. 28 U.S.C. 93. The Court, therefore, TRANSFERS this case to the Central District of Illinois pursuant to 28 U.S.C. 1406(a) (permitting transfer when there is lack of venue if "in the interests of justice"). Signed by Chief Judge Nancy J. Rosenstengel on 5/15/2023. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 12
NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 7 Jurisdictional Order. Entry regarding federal subject matter jurisdiction is incorrect. Entry is stricken. Signed by Chief Judge Nancy J. Rosenstengel on 5/15/2023. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 11 SUPPLEMENT INDICATING CITIZENSHIP by Tommy Johnson. (clw) |
| Filing 10 MOTION for Leave to File Exhibits regarding Motion to Proceed in District Court Without Prepaying Fees or Costs by Tommy Johnson. (clw) |
| Filing 9 NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 347, this case will remain with the assigned Chief Judge Nancy J. Rosenstengel. This Notice does not alter any prior referrals of motions or matters pursuant to 28 U.S.C. Sec. 636(b)(1-3). (clw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 8 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kdw) |
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Filing 7
STRICKEN PER DOC 12 - JURISDICTIONAL ORDER: This matter is before the Court sua sponte on the issue of federal subject matter jurisdiction. See Foster v. Hill, 497 F.3d 695, 696-97 (7th Cir. 2007) ("It is the responsibility of a court to make an independent evaluation of whether subject matter jurisdiction exists in every case."). Plaintiff Johnson has filed a Complaint (Doc. #2 ), asserting that this Court has jurisdiction pursuant to 42 U.S.C. 1983. However, he is not suing about his conditions or detainment in jail. Also, he is not suing under a federal law. Instead, Johnson is alleging that an Illinois parole officer put handcuffs on Johnson in manner that left marks and bruising. (Doc. 2, pp. 8-17). The other way this Court has jurisdiction is pursuant to 28 U.S.C. 1332, the diversity statute. While the Complaint alleges the amount in controversy exceeds $75,000.00, all plaintiffs must be of different citizenship than all defendants. "A natural person," such as Plaintiff Johnson, Defendant Joseph Smith, or Defendant Agent Appleby "is a citizen of the state in which she is domiciled." Altom Transp., Inc. v. Westchester Fire Ins. Co., 823 F.3d 416, 420 (7th Cir. 2016). A person's domicile is the place where he or she is physically present and "intends to live in the long run." RTP LLC v. Orix Real Estate Capital, Inc., 827 F.3d 689, 692 (7th Cir. 2016); Sheneman v. Jones, 682 F. App'x 498, 499 (7th Cir. 2017) ("[E]stablishing domicile in a particular state requires physical presence while intending to remain there."). Accordingly, Plaintiff is ORDERED, on or before May 17, 2023, to provide the Court with a supplemental statement indicating the alleged citizenship of himself and Defendants. Signed by Chief Judge Nancy J. Rosenstengel on 4/26/2023. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. Modified on 5/16/2023 (clw).
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| Set/Reset Deadlines: Supplemental Statement due by 5/17/2023. (clw) |
| Filing 6 NOTICE FROM CLERK Instructing Plaintiff to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 347, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. A link regarding the magistrate judges in this district is attached for your convenience: #https://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Plaintiff on 4/21/2023. Consent due by 5/12/2023 (jlrr) |
| Filing 5 Case reassigned to Chief Judge Nancy J. Rosenstengel. Magistrate Judge Gilbert C. Sison no longer assigned to the case. (jlrr) |
| Filing 4 MOTION for Recruitment of Counsel by Tommy Johnson. (csb) Modified on 5/17/2023 to show the correct title of the document. (JMB). |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Tommy Johnson. (csb) |
| Filing 2 COMPLAINT against Joseph Smith and Agent Appleby, filed by Tommy Johnson.(csb) |
| Filing 1 NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Gilbert C. Sison pursuant to Administrative Orders 257 and 341. The parties are advised that their consent is required if the assigned Magistrate Judge is to conduct all further proceedings in this case, including trial and final entry of judgment pursuant to 28 U.S.C. 636(c) and Federal Rule of Civil Procedure 73. As set forth in Administrative Order Nos. 257 and 341, each party will be required to file a Notice and Consent to Proceed Before a Magistrate Judge Jurisdiction form indicating consent or non-consent to the jurisdiction of the assigned Magistrate Judge. If all parties do not consent to the Magistrate Judge's jurisdiction, the case will be randomly assigned to a district judge for all further proceedings and the parties cannot later consent to reassignment of the case to a magistrate judge. The parties are further advised that they are free to withhold consent without adverse substantive consequences. Within 21 days of this Notice, the following party or parties must file the attached form indicating consent to proceed before the assigned Magistrate Judge or an affirmative declination to consent: Tommy Johnson. A link regarding the magistrate judges in this district is attached for your convenience: #https://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. All future documents must bear case number 23-1294-GCS. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. Consent due by 5/11/2023 (csb) |
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