Donelson v. Mindi
| Paul Blackwell, Leonta Jackson, William E Cox, John Burle, . Kennedy, Rob Jeffrey, Kimberly Smith, A. Torrez, Mary Cerda, Chad Brown, Captain . Bantista, . Cooper, . Henderson, . Doolin, Joel Shaw, . Milsap, Jason Belter, Nikki Rambo, Rebekah McGrath, Amanda Dietz, R Torrez, Michelle Lindsey, Derek Klieber, Matthew Cope, . Anglin, . Lee, John Does 1-8, Pontiac City, Pontiac CC, Illinois Department Correction and John Doe/Jane Doe |
| Charles Donelson |
| Mindi Nurse |
| Habeas Attorney General |
| 3:2022cv03177 |
| September 7, 2022 |
| U.S. District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| Michael M Mihm |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Filing 14 MOTION for Supervene of Litigation History by Plaintiff Charles Donelson. Responses due by 11/16/2022 (VH) |
TEXT ORDER entered by Judge Michael M. Mihm on 10/19/2022. Plaintiff filed an Amended Complaint #12 and, prior to it undergoing merit review, now files #13 , a Motion for Leave to Supplement by Interlineation, requesting leave to correct information about his litigation history and to add additional information. The Court will not, however, allow a piecemeal amendment of the complaint. #13 is DENIED. Plaintiff will have 30 days, however, in which to file a Second Amended Complaint. The filing is to be captioned "Second Amended Complaint" and is to include all of Plaintiff's claims, without reference to a prior pleading. Plaintiff is to identify those individual persons whom he holds liable for violating his constitutional rights. If Plaintiff does not file a Second Amended Complaint within 30 days, this case will proceed on the allegations of his Amended Complaint #12 filed on October 14, 2022. (SAG)
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| Filing 13 MOTION for Leave to Supplement by Interlineation #12 Amended Complaint by Plaintiff Charles Donelson. Responses due by 11/1/2022 (Attachments: #1 Affidavit)(TK) |
| Filing 12 AMENDED COMPLAINT against All Defendants, filed by Charles Donelson.(SAG) |
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TEXT ORDER entered by Judge Michael M. Mihm on 10/17/2022. On September 21, 2022, the Court dismissed Plaintiff's complaint for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6) and 28 U.S.C. 1915A and permitted Plaintiff to file an amended complaint within 30 days. (See Merit Review Order #8 ). Plaintiff's Motion for Leave to File Amended Complaint #11 is GRANTED. The Clerk is hereby directed to file the amended complaint and set the merit review deadline 30 days out.(SAG)
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| Filing 11 MOTION for Leave to File Amended Complaint by Plaintiff Charles Donelson. Responses due by 10/28/2022 (VH) |
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TEXT ORDER entered by Judge Michael M. Mihm on 10/6/2022. Plaintiff files #9 , a Motion for Status, regarding the Court's receipt of the filing fee. #9 is GRANTED. The Court received the filing fee of $402 on 10/3/2022 (receipt number PIA100000901). Plaintiff also files #10 , a Motion for Extension of Time, seeking an additional 21 days to file his amended complaint due to his restrictive housing assignment and limited access to the law library. The Court finds good cause has been shown for an extension. #10 is GRANTED. Plaintiff is directed to file his amended complaint by November 14, 2022 (21 days falls on a holiday). The failure to file a timely amended complaint will result in the dismissal of this case, without prejudice, for failure to state a claim. (SAG)
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| Filing 10 MOTION for Extension of Time to File Amended Complaint by Plaintiff Charles Donelson. Responses due by 10/19/2022 (AH) |
| Filing 9 MOTION for Status by Plaintiff Charles Donelson. Responses due by 10/19/2022 (AH) |
| Filing fee Received: $ 402, receipt number PIA100000901 (AH) |
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Filing 8
MERIT REVIEW ORDER entered by Judge Michael M. Mihm on 9/21/2022. IT IS THEREFORE ORDERED: 1. Plaintiff's complaint is dismissed for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6) and 28 U.S.C. 1915A. Plaintiff will have 30 days in which to file an amended complaint. It is to be captioned "Amended Complaint" and is to include all of Plaintiff's claims, without reference to a prior pleading. Plaintiff's amended complaint will replace his complaint in its entirety. The amended complaint must contain all allegations against all Defendants. Piecemeal amendments are not accepted. If Plaintiff repleads, he is to identify those individual persons whom he holds liable for violating his constitutional rights. The failure to file a timely amended complaint will result in the dismissal of this case, without prejudice, for failure to state a claim. 2. On September 7, 2022, Plaintiff filed a #2 Motion for Leave to File Exception to the Exhaustion of Remedies under 28 U.S.C. 2254. This case was converted to a prisoner case on September 12, 2022. #2 is DENIED. 3. On September 13, 2022, Plaintiff filed a #5 Motion for Correction, asking the Court to transfer this case from the Peoria Division to the Urbana Division where he intended to file it. When this matter was converted to a prisoner case, it was reassigned to Judge Michael M. Mihm and all subsequent pleadings were to be filed in the Peoria Division. #5 is DENIED. 4. On September 15, 2022, Plaintiff filed a #6 Motion to Correct Filing Back to a Habeas Corpus Reconsideration, asking the Court to classify his complaint as a Petition for Writ of Habeas Corpus under 2254 because his petition pertained to his good time credit. See Heck v. Humphrey, 512 U.S. 477 (1994). In his complaint, Plaintiff alleges that his due process rights were violated at a hearing when his witnesses were not called. This cause of action arises under 1983. See Thomas v. Ramos, 130 F.3d 754, 760-62 (7th Cir. 1997). #6 is DENIED. 5. On September 20, 2022, Plaintiff filed a #7 Motion for Extension of Time to Pay Filing Fee. #7 is GRANTED. Plaintiff must either pay the $402.00 filing fee or file a Petition to Proceed in forma pauperis with the attached trust fund ledgers for the last 6 months on or before October 21, 2022. Failure to comply without good cause will result in dismissal of this case, without prejudice, and Plaintiff will still be responsible for payment of the filing fee. See 28 U.S.C. 1914. SEE FULL WRITTEN ORDER.(SAG)
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| Filing 7 MOTION for Extension of Time to Pay Filing Fee by Plaintiff Charles Donelson. Responses due by 10/4/2022 (VH) |
| Filing 6 MOTION to Correct Filing Back to a Habeas Corpus Reconsideration by Plaintiff Charles Donelson. Responses due by 9/29/2022 (VH) |
| Filing 5 MOTION for Correction by Plaintiff Charles Donelson. Responses due by 9/27/2022 (VH) |
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Filing 4
TEXT ORDER entered by Judge Michael M. Mihm on 9/12/2022. Plaintiff has filed a Complaint but has not paid the $402 filing fee nor filed a petition to proceed in forma pauperis. Within 21 days of the entry of this order, Plaintiff must pay the $402 filing fee in full or file a petition to proceed in forma pauperis with attached trust fund ledgers for the last 6 months. Failure to comply without good cause will result in dismissal of this case without prejudice, and the Plaintiff will still be responsible for payment of the filing fee. See 28 U.S.C. Sec. 1914. The Clerk is directed to send Plaintiff the forms for proceeding in forma pauperis. (KE)
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| Filing 3 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Michael Mihm. 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 10/3/2022. (Attachments: #1 Notice Regarding Privacy Issues)(KE) |
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TEXT ORDER OF REASSIGNMENT entered by Judge Colin Stirling Bruce on 9/12/2022. This case and the corresponding hearings are reassigned to Judge Michael M. Mihm for further proceedings. (KE)
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TEXT ORDER entered by Judge Colin S. Bruce on 9-12-2022. After a review of Charles Donelson's filings in this case, the court has determined that this case should not be classified as a Petition for Writ of Habeas Corpus By a Person in State Custody Pursuant to 28 U.S.C. section 2254, but rather should be classified a as a prisoner case. The clerk is directed to convert this matter to a prisoner case. (TC)
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| Filing 2 MOTION for Leave to File Exception to the Exhaustion of Remedies by Petitioner Charles Donelson. Responses due by 9/21/2022 (JMB) |
| Filing 1 COMPLAINT filed by Charles Donelson. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(JMB) (Additional attachment(s) added on 9/7/2022: #4 Exhibit 4) (JMB). Modified on 9/12/2022 to correct Title. (KE). |
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