Jones v. State of Illinois et al
| Jeffrey T. Jones |
| Sangamon County Sheriff, Warden of Sangamon County Jail and State of Illinois |
| 3:2020cv03292 |
| October 28, 2020 |
| US District Court for the Central District of Illinois |
| James E Shadid |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 |
| None |
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| Filing 3 JUDGMENT entered in a civil case (SAG, ilcd) |
TEXT ORDER entered by Judge James E. Shadid on 12/4/2020. Plaintiff submitted a document entitled "injunction" on October 28, 2020, which was filed as a complaint pursuant to 42 U.S.C. 1983. #1 ; see Bahler v Lopez, 2007 WL 1375924 (7th Cir. May 10, 2007). The Court noted several problems with the document. See November 2, 2020, Text Order. For instance, it was purported to be filed on behalf of several Sangamon County Defendants but was only signed by Plaintiff Jones. The Plaintiff had not paid the filing fee nor had be filed a motion to proceed IFP. In addition, Plaintiff could not seek an injunction or emergency injunctive relief without first clearly stating his claims and identifying Defendants in a complaint. Plaintiff was also reminded he was required to exhaust all available administrative remedies before filing a complaint in Federal Court. See 42 U.S.C. 1997e(a). The Court dismissed Plaintiff's complaint as a violation of Rule 8 of the Federal Rules of Civil Procedure. See November 2, 2020, Text Order. However, if Plaintiff did wish to proceed with a lawsuit, he was given until November 23, 2020, to file a complaint and either pay the filing fee or file an IFP motion. Plaintiff was admonished if he failed to take any action by the November 23, 2020, deadline, his case would be dismissed. The Court has received nothing further from the Plaintiff. Therefore, this case is dismissed in its entirety without prejudice for failure to prosecute with due diligence.(SAG, ilcd)
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TEXT ORDER entered by Judge James E. Shadid on 11/2/2020. Plaintiff has submitted a document with the Court which has been filed as a complaint. See Bahler v Lopez, 2007 WL 1375924 (7th Cir. May 10, 2007). However, there are several problems with Plaintiff's filing. First, the complaint purports to be filed on behalf of five individuals at the Sangamon County Jail, but it is only signed by Plaintiff Jeffrey Jones. The Court has no way to know if the other individuals are aware of the lawsuit. Therefore, the case can only proceed on behalf of the individual who signed it, Plaintiff Jones. Second, Plaintiff has not paid the required $400 filing fee, nor has he submitted a motion to proceed in forma pauperis (IFP) with the required six months of trust fund ledgers. Third, Plaintiff has entitled his filing an "injunction" and details problems with limiting visitation to video contact, limitations on time outside of the cell each day, and limiting courtroom contact to video appearances. If Plaintiff is seeking emergency, injunctive relief, he must first file a complaint clearly setting forth his claims. Plaintiff must state how each claim specifically impacts him including the general time frame of each allegation and the specific Defendants involved. If Plaintiff is seeking emergency, injunctive relief, he may file a separate motion for a temporary restraining order or preliminary injunction. Plaintiff's motion must specifically demonstrate why he is entitled to this relief. See Fed. R. Civ. P. 65(b)(1)(2). Fourth, Plaintiff must identify specific individuals as Defendants and state how each Defendant was involved in his claims. Finally, Plaintiff is reminded he must exhaust all available administrative remedies before filing any complaint in federal court. See 42 U.S.C. 1997e(a). Therefore, Plaintiffs complaint is dismissed as a violation of Rule 8 of the Federal Rules of Civil Procedure. If Plaintiff believes he can allege a violation of his constitutional rights, he may file an amended complaint within 21 days of this order. The Clerk is to send Plaintiff a blank complaint form to assist him. Plaintiff must also either pay the $400 filing fee in full or file a motion to proceed IFP within 21 days of this order. The Clerk is also to provide Plaintiff the appropriate form for an IFP motion. If Plaintiff fails to file a complaint within 21 days or fails to either pay the fee or file an IFP motion, his case will be dismissed in its entirety without prejudice.(SAG, ilcd)
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| 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 11/19/2020. (Attachments: #1 Notice Regarding Privacy Issues)(SAG, ilcd) |
| Filing 1 COMPLAINT against All Defendants, filed by Jeffrey T. Jones.(SAG, ilcd) |
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