Hill v. Reuter et al
| Demetrius G Hill |
| Scott Reuter, City of Decatur Illinois, K.G. Chaney, P.M. Vicker, . Hagemeyer and John Does |
| 2:2024cv02103 |
| May 9, 2024 |
| U.S. District Court for the Central District of Illinois |
| James E Shadid |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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Filing 10
MERIT REVIEW ORDER Entered by Judge James E. Shadid on 6/20/24. IT IS THEREFORE ORDERED:1) Plaintiff's Complaint is DISMISSED WITHOUT PREJUDICE as barred by Heck v. Humphrey, 512 U.S. 477 (1994). Plaintiff is given leave to file an Amended Complaint within 30 days of this Order. Plaintiff's Amended Complaint will replace Plaintiff's Complaint in its entirety. The Amended Complaint must contain all allegations against all Defendants. Piecemeal amendments are not accepted. If Plaintiff fails to file a timely Amended Complaint or if it fails to state a claim for relief, his case will be dismissed.2) The Clerk is directed to provide Plaintiff with a blank Section 1983 complaint form for his assistance. SEE FULL WRITTEN ORDER. (ANW)
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| Filing 9 Letter from Demetrius Hill regarding Trust Fund Ledger. (RAH) |
| Filing 8 +++ PRISONER TRUST FUND LEDGER by Demetrius G Hill. (RAH) |
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TEXT ORDER 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 $22.83. 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 6/13/2024. Entered by Judge James E. Shadid on 5/14/2023. (SAG)
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| Filing 7 +++ PRISONER TRUST FUND LEDGER by Demetrius G Hill (RAH) |
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TEXT ORDER entered by Judge James E. Shadid on 5/13/2024. On May 9, 2024, Plaintiff filed a Complaint under 42 U.S.C. 1983 alleging violations of his constitutional rights. On May 10, 2024, Plaintiff filed a Motion for Leave to File Amended Complaint #6 asking to amend the "Requested Relief" section of his Complaint to add a request for $26.6 million in damages for pain and suffering. The Court will not allow a piecemeal amendment of the Complaint. #6 is DENIED. However, Plaintiff will have 30 days to file an Amended Complaint. The filing is to be captioned "Amended Complaint" and is to include all of Plaintiff's claims, without reference to a prior pleading. If Plaintiff does not file an Amended Complaint within 30 days of this Order, the Court will conduct a merit review of his original Complaint #1 filed on May 9, 2024. Plaintiff also filed a Motion to Request Counsel #4 . Plaintiff has no constitutional or statutory right to the appointment of counsel in this case, and the Court cannot require an attorney to accept pro bono appointment in a civil case. The most the Court can do is ask for volunteer counsel. See Jackson v. Cnty. of McLean, 953 F.2d 1070, 1071 (7th Cir. 1992). In considering Plaintiff's motion, the Court must ask two questions. First, "has the indigent plaintiff made a reasonable attempt to obtain counsel or been effectively precluded from doing so." Pruitt v. Mote, 503 F.3d 647, 654 (7th Cir. 2007) (citing Farmer v. Haas, 990 F.2d 319, 322 (7th Cir. 1993)). "This is a mandatory, threshold inquiry that must be determined before moving to the second inquiry." Eagan v. Dempsey, 987 F.3d 667, 682 (7th Cir. 2021) (citing Davis v. Moroney, 857 F.3d 748, 753 (7th Cir. 2017)). Plaintiff does not explain what efforts he made to find an attorney; instead, he asks the Court to send him a list of pro bono attorneys. The Court does not have a list of pro bono attorneys. #4 is DENIED with leave to refile. If Plaintiff renews his motion, he must include a list of the attorneys he contacted and copies of letters he sent to or received from the attorneys or legal organizations he contacted.(ANW)
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| Filing 6 MOTION for Leave to File Amended Complaint by Plaintiff Demetrius G Hill. Responses due by 5/24/2024. (RAH) |
| Filing 5 Letter Requesting Trust Fund Ledger. Trust fund ledger sheets due by 5/24/2024. (ANW) |
| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge James Shadid. 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 5/30/2024. (Attachments: #1 Notice Regarding Privacy Issues)(ANW) |
| Filing 4 MOTION to Request Counsel by Plaintiff Demetrius G Hill. Responses due by 5/23/2024 (ANW) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Demetrius G Hill.(ANW) |
| Filing 1 COMPLAINT against All Defendants, filed by Demetrius G Hill. (Attachments: #1 summons, #2 usm 285)(ANW) |
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