Stapleton v. Mathew et al
| Gregory Stapleton |
| Jennifer Matthews, State Journal Register, Micheal Newman, Channel 20 News, Mark Hammon, Michael Harmon and Jennifer Mathew |
| 3:2019cv03095 |
| April 11, 2019 |
| U.S. District Court for the Central District of Illinois |
| Sue E Myerscough |
| Tom Schanzle-Haskins |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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This docket was last retrieved on March 31, 2021. A more recent docket listing may be available from PACER.
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| Filing 19 RULE 12(C) NOTICE entered re #18 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and sent to Plaintiff Gregory Stapleton via U.S. mail at Taylorville CC. (ME, ilcd) |
| Filing 18 MOTION to Dismiss for Lack of Jurisdiction , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant State Journal Register. Responses due by 7/23/2019 (Attachments: #1 Exhibit A, #2 Exhibit B)(Watkins, Danessa) |
Filing 17
ORDER CONCERNING CONSENT TO MAGISTRATE JUDGE IN CASES INVOLVING INITIAL DISPOSITIVE MOTION entered by U.S. Magistrate Judge Tom Schanzle-Haskins on 7/3/2019. (Attachments: #(1) Notice, #(2) Form) (LB, ilcd)
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TEXT ORDER: Defendant State Journal-Register's Motion for Extension of Time to Answer or Otherwise Plead #16 is GRANTED. Defendant State Journal-Register shall answer or otherwise plead in response to the Complaint on or before July 9, 2019. Entered by Judge Sue E. Myerscough on 6/26/2019. (GL, ilcd)
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| Filing 16 MOTION for Extension of Time to File Answer or Ortherwise Plead by Defendant State Journal Register. Responses due by 7/9/2019 (Watkins, Danessa) |
| Filing 15 NOTICE of Appearance of Attorney by Danessa P. Watkins on behalf of State Journal Register (Watkins, Danessa) |
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TEXT ORDER: Plaintiff, who is incarcerated in the Taylorville Correctional Center, has sent a letter #13 to the Court asking that the Court "approve this case" because he cannot afford an attorney or the filing fee. The relevant statute provides that a court may authorize the commencement of an action without prepayment of fees. 28 U.S.C. 1915(a)(1). However, the statute also requires that a prisoner who is allowed to commence an action without prepayment of fees must still pay the full amount of the filing fee by way of an initial partial filing fee and monthly payments of 20% of the preceding months' income. 28 U.S.C. 1915(b). In May 2019, Magistrate Judge Tom Schanzle-Haskins granted Plaintiff leave to proceed without prepayment of fees, ordered an initial partial filing fee of $29.63, and ordered monthly payments of 20% of the preceding month's income credited to Plaintiff's account. Because Judge Schanzle-Haskins' order complies with the statute, Plaintiffs request is DENIED AS MOOT. Entered by Judge Sue E. Myerscough on 6/25/2019. (GL, ilcd)
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| Filing 14 MOTION to Dismiss Pursuant to Federal Rules 12(b)(6) and 12(b)(1) by Defendants Mark Hammon, Jennifer Matthews. Responses due by 7/15/2019. (DM, ilcd) |
| Filing 13 Letter from Plaintiff regarding change of address and IFP. (DM, ilcd) |
| Filing 12 NOTICE of Change of Address by Gregory Stapleton to Taylorville Correctional Center. (DM, ilcd) |
| Filing 11 MOTION for Leave to File a Motion to Dismiss by Defendants Mark Hammon, Jennifer Matthews. Responses due by 7/5/2019 (Attachments: #1 Exhibit A-MotionToDismiss, #2 Exhibit B-MemorandumOfLaw, #3 Exhibit C-CriminalDocket)(Powell, Theresa) |
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TEXT ORDER: Defendants Jennifer Mathew and Michael Harmon's Motion for Leave to File a Motion to Dismiss #11 is GRANTED. The Clerk is DIRECTED to file the Motion to Dismiss, attached to the Motion for Leave at docket entry [11-1] and the Memorandum and exhibit, attached to the Motion for Leave at docket entry [11-2, 11-3]. The Clerk shall mail a copy of this Text Order, the Motion, and the Memorandum and exhibit to Plaintiff. Plaintiff shall file a response to the Motion to Dismiss on or before July 15, 2019. Entered by Judge Sue E. Myerscough on 06/21/2019. (DM, ilcd)
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| Filing 10 NOTICE of Appearance of Attorney by Alisha Lynne Sheehan on behalf of Mark Hammon, Jennifer Matthews (Sheehan, Alisha) |
| Filing 9 NOTICE of Appearance of Attorney by Theresa M Powell on behalf of Mark Hammon, Jennifer Matthews (Powell, Theresa) |
| Prisoner Initial Partial Filing Fee received 6/12/2019, in the amount of $29.63; receipt number 14626034640. (JS, ilcd) |
| Filing 8 Summons Returned Unexecuted as to Jennifer Matthews. (MJC, ilcd) |
| Filing 7 SUMMONS Returned Executed as to Channel 20 News served on 6/4/2019, answer due 6/25/2019; Mark Hammon served on 6/4/2019, answer due 6/25/2019; Micheal Newman served on 6/4/2019, answer due 6/25/2019; State Journal Register served on 6/4/2019, answer due 6/25/2019. (MJC, ilcd) |
| Filing 6 Summons Issued as to Channel 20 News, Mark Hammon, Jennifer Matthews, Micheal Newman, State Journal Register. Documents sent to U.S. Marshal's Office for service. (MJC, ilcd) |
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TEXT ORDER granting #2 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 $29.63. 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. Entered by Magistrate Judge Tom Schanzle-Haskins on 5/20/2019. (MJC, ilcd)
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| TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins: Before the Court is the pro se Plaintiff's Application to Proceed Without Prepayment of Fees and Affidavit #2 and Plaintiff's Trust Fund Ledger #3 . For good cause shown, motion ALLOWED. The Court finds that Plaintiff is not currently capable of paying the full filing fee. The Clerk is directed to assess fee under the standard procedures for a prisoner case. Plaintiff's Motion for Service of Process at Government Expense #5 is ALLOWED. Clerk is directed to prepare Summons and Marshal's Form USM 285 for service of Complaint on Defendants by U.S. Marshal's Office. Also before the Court is pro se Plaintiff's Motion for Appointment of Counsel #4 . The Court notes that civil litigants have no constitutional or statutory right to be represented by counsel in federal court. Zarnes v. Rhodes, 64 F.3d 285, 288 (7th Cir., 1995). The decision to appoint counsel lies within the broad discretion of the Court. Jackson v. County of McLean, 953 F.2d 1070, 1071 (7th Cir., 1992). The Court concludes that appointment of counsel is not warranted in this case at this time. The Plaintiff has not shown any attempt to retain counsel. The Court grants pro se litigants wide latitude in the handling of their lawsuits. Therefore, Plaintiff's Motion for Appointment of Counsel #4 is DENIED. Entered on 5/20/2019. (MJC, ilcd) |
| Filing 5 MOTION for Service of Process at Government Expense by Plaintiff Gregory Stapleton. Responses due by 4/24/2019. (Attachments: #1 USM Forms) (MJC, ilcd) |
| Filing 4 MOTION to Request Counsel by Plaintiff Gregory Stapleton. Responses due by 4/24/2019. (MJC, ilcd) |
| Filing 3 +++ PRISONER TRUST FUND LEDGER by Gregory Stapleton. (MJC, ilcd) |
| Filing 2 PETITION TO PROCEED IN FORMA PAUPERIS filed by Gregory Stapleton. (MJC, ilcd) |
| Filing 1 COMPLAINT against Channel 20 News, Mark Hammon, Jennifer Matthews, Micheal Newman and State Journal Register filed by Gregory Stapleton. (Attachments: #1 Envelope)(SKN, ilcd) |
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