Dickerson v. Doe et al
| Samuel Dickerson |
| John Doe, Jane Doe, Michael Sullivan and Ken Scarlet |
| 3:2022cv03184 |
| September 12, 2022 |
| US District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Filing 18 NOTICE of Appearance of Attorney by Nicholas Correll on behalf of Ken Scarlet (Correll, Nicholas) |
| Filing 17 MOTION for Reconsideration re #10 Merit Review Opinion by Plaintiff Samuel Dickerson. Responses due by 11/18/2022 (KE) |
| Filing 16 MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order by Plaintiff Samuel Dickerson. Responses due by 11/17/2022 (KE) |
| Filing 15 NOTICE of Appearance of Attorney by Steven C Rahn on behalf of Ken Scarlet (Rahn, Steven) |
| Filing 14 WAIVER OF SERVICE Returned Executed by Ken Scarlet. Ken Scarlet waiver sent on 10/25/2022, answer due 12/27/2022. (Rahn, Steven) Modified on 11/1/2022 to correct date. (KE). |
| Filing 13 MOTION for Order regarding Filing Fee by Plaintiff Samuel Dickerson. Responses due by 11/10/2022 (Attachments: #1 Exhibit)(KE) (Main Document 13 replaced on 10/27/2022) (KE). |
| Filing 12 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Ken Scarlette on 10/25/2022. (KE) |
Filing 11
HIPAA QUALIFIED PROTECTIVE ORDER entered by Judge Colin Stirling Bruce on 10/25/2022. See written order. (KE)
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Filing 10
MERIT REVIEW ORDER entered by Judge Colin Stirling Bruce on 10/25/2022. Pursuant to its merit review of Plaintiff's Complaint under 28 U.S.C. Sec 1915A, the Court finds that the Complaint states a false arrest claim against John Doe and Jane Doe, the two Springfield Police Officers who arrested Plaintiff. Any additional claims shall not be included in the case except at the Court's discretion and on a motion by a party for good cause shown or pursuant to Federal Rule of Civil Procedure 15. Because the Court cannot effect service of process on a John Doe or Jane Doe Defendant, the Clerk of the Court is directed to effect service of process upon Ken Scarlet, the Chief of the Springfield Police Department, pursuant to the Court's standard procedures. The Clerk of the Court is further directed to dismiss Defendant Michael Sullivan as a party Defendant because Plaintiff's Complaint fails to state a claim against him upon which relief can be granted. Fed. R. Civ. P. 12(b)(6); 28 U.S.C. Sec 1915A. The Clerk of the Court is directed to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. See written order. (KE)
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TEXT ORDER entered by Judge Colin Stirling Bruce on 10/25/2022. Plaintiff's motion for a mental examination #9 is DENIED. No mental examination is required in order for Plaintiff to proceed on his claim of false arrest. (KE)
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TEXT ORDER entered by Judge Colin Stirling Bruce on 10/25/2022. Plaintiff's motion to request counsel #8 is DENIED. The Court does not possess the authority to require an attorney to accept pro bono appointments on civil cases such as this. Pruitt v. Mote, 503 F.3d 647, 653 (7th Cir. 2007). The most that the Court may do is to ask for volunteer counsel. Jackson v. County of McLean, 953 F.2d 1070, 1071 (7th Cir. 1992). The United States Court of Appeals for the Seventh Circuit has explained that, in deciding whether to recruit counsel for a plaintiff, a district court must determine: "(1) has the indigent plaintiff made a reasonable attempt to obtain counsel or been effectively precluded from doing so; and if so, (2) given the difficulty of the case, does the plaintiff appear competent to litigate it himself?" Pruitt, 503 F.3d at 654-55. Here, Plaintiff has not demonstrated that he attempted to find counsel on his own before asking the Court for assistance. To satisfy this requirement, Plaintiff must write to several lawyers or law firms asking those lawyers or law firms to represent him on a voluntary basis. If those lawyers or law firms decline his requests, Plaintiff should attach those letters to his motion for counsel. If the lawyers or law firms do not respond, Plaintiff should identify the lawyers or law firms to which he has written and the date(s) of his letters when he files a renewed motion for counsel if he asks the Court to recruit counsel for him in the future. (KE)
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TEXT ORDER entered by Judge Colin Stirling Bruce on 10/25/2022. Plaintiff's motion for a federal investigation #7 is DENIED. The Court does not possess the funds, the means, or the authority to conduct the type of investigation requested by Plaintiff. (KE)
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| Filing 9 MOTION to Request Mental Exam by Plaintiff Samuel Dickerson. Responses due by 11/7/2022 (KE) |
| Filing 8 MOTION to Request Counsel by Plaintiff Samuel Dickerson. Responses due by 11/7/2022 (KE) |
| Filing 7 MOTION to Request Federal Intervention by Plaintiff Samuel Dickerson. Responses due by 11/7/2022 (Attachments: #1 Exhibit)(KE) |
| Filing 6 +++ PRISONER TRUST FUND LEDGER by Samuel Dickerson. (KE) |
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TEXT ORDER granting #3 Petition to Proceed In Forma Pauperis entered by Judge Colin Stirling Bruce on 9/19/2022. Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $44.50. 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 10/19/2022. (KE)
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| Filing 5 Letter Requesting Trust Fund Ledger. Trust Fund Ledgers due by 9/26/2022. (KE) |
| Filing 4 +++ PRISONER TRUST FUND LEDGER by Samuel Dickerson. (KE) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Samuel Dickerson.(KE) |
| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Colin Stirling Bruce. Effective immediately, all documents should be mailed or scanned to the Urbana Division, 201 S Vine Street, Urbana, IL 61802.Merit Review Deadline set for 10/3/2022. (Attachments: #1 Notice Regarding Privacy Issues)(KE) |
| Filing 1 COMPLAINT against All Defendants, filed by Samuel Dickerson. (Attachments: #1 Envelope)(KE) |
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