Beck v. VonBehren et al
| John W Beck |
| John VonBehren, Quentin Knobloch, . Nation, Zachary Robson, Keith Kinney, William Bohm and . Rena |
| 3:2023cv03029 |
| February 6, 2023 |
| US District Court for the Central District of Illinois |
| Sara Darrow |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on February 27, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 7 MOTION for Reconsideration re Text Order dated 2/16/2023 by Plaintiff John W Beck. Responses due by 3/13/2023. (BMG) |
| Filing 6 +++ PRISONER TRUST FUND LEDGER. by John W Beck (RES) |
| Filing 5 JUDGMENT entered. (KE) |
TEXT ORDER entered by Chief Judge Sara Darrow on 2/16/2023. On 2/6/23 this court received the Complaint #1 herein. Plaintiff previously filed a nearly identical action in this District, Case No. 22-cv-3036-MMM-JEH. The court, Mihm, J., dismissed that case with prejudice on 10/5/22 for failure to prosecute. Plaintiff timely appealed. The District Court denied Plaintiff leave to appeal in forma pauperis. Plaintiff did not renew his request in the Seventh Circuit, nor did he pay the appellate filing fee. The Seventh Circuit dismissed his appeal pursuant to Circuit Rule 3(b) on 1/19/23. "The doctrine of res judicata, also referred to as claim preclusion, bars parties or their privies from relitigating a final judgment on the merits where the issues were, or could have been, raised in the first action." Jones v. Int'l Ass'n of Bridge Structural Ornamental & Reinforcing Iron Workers, 864 F. Supp. 2d 760, 771 (E.D. Wis. 2012). "A cause of action consists of a single core of operative facts giving rise to a remedy. Once a transaction has caused injury, all claims arising from that transaction must be brought in one suit or lost. A plaintiff may not avoid an earlier judgment on the merits by merely concocting a new legal theory." Highway J Citizens Grp. v. U.S. Dep't of Transp., 456 F.3d 734, 743 (7th Cir. 2006). Here, all Defendants in this suit are named in the prior suit. Further, the issues are identical. Plaintiff cannot avoid the earlier judgment on the merits by bringing this new suit. This matter is DISMISSED with PREJUDICE and all pending motions are MOOT. (KE)
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| Filing 4 Letter Requesting Trust Fund Ledger. Trust fund ledger sheets due by 2/21/2023. (SAG) |
| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Chief Judge Sara Darrow. Effective immediately, all documents should be mailed or scanned to the Rock Island Division, 322 16th Street, Rock Island, IL 61201.Merit Review Deadline set for 2/27/2023. (Attachments: #1 Notice Regarding Privacy Issues)(SAG) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by John W Beck.(SAG) |
| Filing 1 COMPLAINT against All Defendants, filed by John W Beck.(SAG) |
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