Ayoubi v. Pritzker et al
| Firas Ayoubi |
| J B Pritzker, Latoya Hughes, Doug Stephens, Kathy Greer, Angela Carlson, Tarry Williams, Monica Carpenter, Rob Jeffreys, University of Illinois at Chicago, T Baker and Nellie Boone |
| 3:2023cv03274 |
| September 11, 2023 |
| U.S. District Court for the Central District of Illinois |
| Michael M Mihm |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 2, 2023. A more recent docket listing may be available from PACER.
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TEXT ORDER entered by Judge Michael M. Mihm on 10/2/2023. Plaintiff's Motion to Vacate/Strike #18 is DENIED. Plaintiff must present the details regarding the procedural posture of the case to the Seventh Circuit. This case has been appealed and is now under the jurisdiction of the Seventh Circuit. (SAG)
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| Filing 18 MOTION to Vacate/Strike Document No. 8 and Court's 9/20/23 Order by Plaintiff Firas Ayoubi. Responses due by 10/13/2023 (FDS) |
| Filing 17 PLRA FEE NOTICE AND ORDER of USCA as to #11 Notice of Appeal filed by Firas Ayoubi (FDS) |
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TEXT ORDER entered by Judge Michael M. Mihm on 9/27/2023. Plaintiff on 3 or more occasions while incarcerated brought an action or appeal in the US Courts that was dismissed as frivolous, malicious, or for failure to state a claim. 28 U.S.C. 1915(g). The Court on 9/18/23 denied Plaintiff's request to proceed without prepayment of fees, and denied Plaintiff's request for injunctive relief. Order #4 . On 9/22/23 Plaintiff filed a Notice of Appeal #11 seeking to appeal those rulings and filed a Motion #12 for leave to appeal without prepayment of fees. Section 1915 states, "[a]n appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith." 28 U.S.C. SEc 1915(a)(3). "Good faith" within the meaning of Sec 1915(a)(3) is not about the party's sincerity in requesting appellate review. Rather, an appeal taken in "good faith" is an appeal that, objectively considered, raises nonfrivolous colorable issues. See Cruz v. Hauck, 404 U.S. 59, 62 (1971); Coppedge v. United States, 369 U.S. 438, 445 (1962); Lee v. Clinton, 209 F.3d 1025, 1026-27 (7th Cir. 2000). A party who identifies issues that are debatable among jurists of reason, or that could be resolved in a different manner, or that are sufficient to deserve encouragement to proceed further, demonstrates a good faith basis for an appeal. Pate v. Stevens, 163 F.3d 437, 439 (7th Cir. 1998). Plaintiff's grounds for appeal include whether the Court erred in denying Plaintiff leave to proceed IFP under the imminent danger exception, and whether the Court erred in denying Plaintiff's requests for injunctive relief. Motion #12 . The Court finds that jurists of reason could not disagree on this Court's rulings. The Court finds that Plaintiff has failed to raise a nonfrivolous issue for appeal. Plaintiff's #12 Motion for Leave to Appeal in Forma Pauperis is DENIED. If Plaintiff intends to renew his request before the Seventh Circuit Court of Appeals, he must do so within 30 days of service of this Order, in compliance with Fed. R. App. P. 24(a)(5). (KE)
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| Filing 16 PLRA FEE NOTICE AND ORDER re #11 Notice of Appeal. (JS) |
| Filing 15 NOTICE of Docketing Record on Appeal from USCA re #11 Notice of Appeal filed by Firas Ayoubi. USCA Case Number 23-2838. (JS) |
| Filing 14 Short Record of Appeal Sent to US Court of Appeals re #11 Notice of Appeal (AH) |
| Filing 13 +++ PRISONER TRUST FUND LEDGER by Firas Ayoubi (AH) |
| Filing 12 MOTION for Leave to Appeal in forma pauperis by Plaintiff Firas Ayoubi. Responses due by 10/6/2023 (AH) (Additional attachment(s) added on 9/27/2023: #1 Affidavit in Support) (TK). |
| Filing 11 NOTICE OF APPEAL as to #4 Order and Text Order entered on 9/19/2023 by Firas Ayoubi. (AH) (Main Document 11 replaced on 10/2/2023) (AH). |
| Filing 10 Letter filed by Firas Ayoubi. (Attachments: #1 Envelope) (JS) |
| Filing 9 AMENDED COMPLAINT against All Defendants, filed by Firas Ayoubi.(KE) |
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TEXT ORDER entered by Judge Michael M. Mihm on 9/20/2023. Motion for Leave to Amend #8 is GRANTED. Clerk to docket amended complaint. Filing fee remains due as directed in Order #4 or case will be dismissed without prejudice. (KE)
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TEXT ORDER entered by Judge Michael M. Mihm on 9/19/2023. Petition to Proceed in Forma Pauperis #5 and Motion for Restraining Order #6 are DENIED for the reasons stated in Order #4 . (KE)
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| Filing 8 MOTION for Leave to File Amended Complaint by Plaintiff Firas Ayoubi. Responses due by 10/2/2023 (AH) |
| Filing 7 +++ PRISONER TRUST FUND LEDGER by Firas Ayoubi (AH) |
| Filing 6 MOTION for Restraining Order and Preliminary Injunction by Plaintiff Firas Ayoubi. Responses due by 10/2/2023 (AH) |
| Filing 5 PETITION TO PROCEED IN FORMA PAUPERIS filed by Firas Ayoubi.(AH) |
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Filing 4
ORDER entered by Judge Michael M. Mihm on 9/18/2023. Plaintiff must pay the $402 filing fee in full within 30 days or this action will be dismissed without prejudice. Plaintiff's request for injunctive relief is DENIED. The Clerk is to mail a copy of the Complaint and this Order to the Warden at Hill to apprise the institution of Plaintiff's allegations. See written order.(KE)
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Filing 3
TEXT ORDER entered by Judge Michael M. Mihm on 9/12/2023. 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 2 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 10/2/2023. (Attachments: #1 Notice Regarding Privacy Issues)(KE) |
| Filing 1 COMPLAINT against All Defendants, filed by Firas Ayoubi. (Attachments: #1 Cover Letter)(KE) |
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