Norington v. Watson
| David Norington |
| C M Watson |
| 3:2019cv03256 |
| October 29, 2019 |
| US District Court for the Central District of Illinois |
| Joe Billy McDade |
| Mandamus & Other |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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This docket was last retrieved on December 18, 2019. A more recent docket listing may be available from PACER.
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TEXT ORDER entered by Judge Joe Billy McDade on 12/18/2019. On 10/29/19, Plaintiff filed #1 , a Motion for Leave to File Writ of Mandamus with this Court. The Court reviewed the filing on 11/5/19 and dismissed, finding that it did not have the authority to compel the Warden of the Western Correctional Center to take the requested action. Plaintiff now files #9 indicating that, relying on poor advice, he mistakenly filed the pleading in Federal Court rather than State Court. Plaintiff takes the position that the Court has unfairly charged him the filing fee and ruled on a pleading which was not rightly before it. The Court reminds Plaintiff, however, that it was he who brought the matter before the Court. Nonetheless, #9 will be GRANTED to the extent the remainder of the filing fee will be waived. Plaintiff will not, however, be reimbursed those fees he has paid to-date. A copy of this order is to be sent to the finance office at Plaintiff's place of confinement. (SAG, ilcd)
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| Filing 9 MOTION (filed in letter form) regarding wrongfully filed "State Mandamus" by Plaintiff David Norington. Responses due by 12/20/2019 (FDS, ilcd) |
| Filing 8 Letter from David Norington regarding incorrectly filing his mandamus in our court. (RK, ilcd) |
| Prisoner Initial Partial Filing Fee received 11/8/2019, in the amount of $24.00; receipt number 34626011819. (MJC, ilcd) |
| Filing 7 JUDGMENT entered in a civil case (SAG, ilcd) |
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TEXT ORDER entered by Judge Joe Billy McDade on 11/5/2019. Plaintiff seeks to invoke the jurisdiction of the federal District Court in #1 , a Motion for Leave to File a Petition for Mandamus. Plaintiff requests that the District Court order that the Warden of the Western Correctional Center assign him a moderate or low escape risk status, in place of his current high-risk status. While the federal courts have the authority to compel action by an "officer, employee, or agency of the United States," this grant of authority does not extend to compelling action by state officials. Robinson v. Illinois, 752 F.Supp. 248, 248-49 (N.D. Ill. 1990) ("Federal courts have no general power to compel action by state officers...") citing 28 U.S.C. 1361. See In re Wolenski, 324 F.2d 309, 309 (3d Cir. 1963) (per curiam) (district court has no jurisdiction to issue a writ of mandamus compelling action by a state official). See also, Turner v. Cook, No. 05-2890, 2005 WL 3299822 at *11 (N.D. Ill. December 2, 2005), (denying request for mandamus relief against state officials with prejudice.) Accordingly, #1 is DISMISSED with prejudice. This case is closed, judgment to enter. All pending motions and internal deadlines are VACATED. Plaintiff must still pay the full docketing fee of $350 even though his case has been dismissed. If the Plaintiff wishes to appeal this dismissal, he may file a notice of appeal with this court within 30 days of the entry of judgment. Fed. R. App. P. 4(a). A motion for leave to appeal in forma pauperis should set forth the issues the Plaintiff plans to present on appeal. See Fed. R. App. P. 24(a)(1)(C). If the Plaintiff does choose to appeal, he will be liable for the $505 appellate filing fee irrespective of the outcome of the appeal.(SAG, ilcd) Modified on 11/18/2019 to correct typographical error (SAG, ilcd).
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| Filing 6 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Joe Billy McDade. 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 11/20/2019. (Attachments: #1 Notice Regarding Privacy Issues)(KE, ilcd) |
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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 $24.00. 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 Judge Joe Billy McDade on 10/31/2019. (SAG, ilcd)
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| Filing 5 MOTION to Request Counsel by Plaintiff David Norington. Responses due by 11/12/2019 (Attachments: #1 Proposed Order)(KE, ilcd) |
| Filing 4 +++ PRISONER TRUST FUND LEDGER by David Norington. (KE, ilcd) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by David Norington. (Attachments: #1 Proposed Order)(KE, ilcd) |
| Filing 2 MEMORANDUM in Support re #1 MOTION for Leave to File filed by Plaintiff David Norington. (Attachments: #1 Exhibits)(KE, ilcd) |
| Filing 1 MOTION for Leave to File Writ of Mandamus by Plaintiff David Norington. Responses due by 11/12/2019 (KE, ilcd) |
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| Plaintiff: David Norington | |
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| Defendant: C M Watson | |
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