Hunt v. Murphy et al
| Tavaris E Hunt and Tavaris Earl Hunt |
| Joshua Murphy, Jane Doe, Debbie Ross, . Hechrodt, Kyle Sprague, . Edwards, Shawn Thrush, Ryan Rivera, John Doe, John Does and John/Jane Does |
| 3:2023cv03290 |
| October 2, 2023 |
| US District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 8, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 10 NOTICE to the Court regarding service of waivers. (TC) |
| Filing 9 Summons Issued as to Joshua Murphy, Debbie Ross, Kyle Sprague. Mailed to Plaintiff for service. (KE) |
TEXT ORDER entered by Judge Colin Stirling Bruce on 12/8/2023. Plaintiff's motion for leave to proceed in forma pauperis #8 is DENIED as moot because Plaintiff has paid the required filing fee, in full. (SAG)
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| Filing 8 MOTION for Leave to Proceed in forma pauperis by Plaintiff Tavaris Earl Hunt. Responses due by 12/21/2023. (TC) |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 12/7/2023. Plaintiff's motions for the Court to effect service of process on Defendants #6 and #7 are DENIED. As the Court explained in its Merit Review Order, the Court is only required to effect service of process on a defendant if the Court grants the plaintiff leave to proceed in forma pauperis. Plaintiff did not seek IFP status, and the Court has not granted Plaintiff IFP status in this case. Therefore, Plaintiff must effect proper service of process upon Defendants himself, and the Court cannot provide legal advice to him as to how to accomplish proper service under Federal Rule of Civil Procedure 4. Southall v. AVI Food Sys., Inc., 2022 WL 1015001, * 3 (N.D. Ind. Apr. 5, 2022)(holding that "the Court cannot give a litigant legal advice."). To the extent that he is asking the Court to exercise its discretionary authority to effect service of process upon Defendants pursuant to Federal Rule of Civil Procedure 4(c)(3), Plaintiff's request is denied. Plaintiff has offered no reason why he cannot serve Defendants himself; he simply indicates that he is having difficulty doing so based upon Defendants' responses. Given Plaintiff's representations in his motions and the attachments thereto, the Court exercises its discretion to decline effecting service on Defendants for Plaintiff pursuant to Rule 4(c)(3). Koger v. Bryan, 523 F.3d 789, 803 (7th Cir. 2008). (KE)
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| Filing 7 MOTION Requesting Court to Send Waiver and Summons by Plaintiff Tavaris Earl Hunt. Responses due by 12/19/2023. (Attachments: #1 Proposed Summons) (TC) |
| Filing 6 MOTION for Court to Send Waiver or Summons to Defendants by Plaintiff Tavaris Earl Hunt. Responses due by 12/18/2023. (Attachments: #1 Appendix of Exhibits AA to AI) (TC) |
| Filing 5 CERTIFICATE OF SERVICE of Waiver of Service of Summons by Tavaris Earl Hunt. (BMG) |
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Filing 4
ORDER entered by Judge Colin Stirling Bruce on 11/20/2023. Because Plaintiff is not a prisoner for purposes of the Prison Litigation Reform Act, the Court is not required to and will not conduct a merit review of Plaintiff's Complaint pursuant to 28 U.S.C. Sec 1915A. As such, Defendants are free to file a motion to dismiss under Federal Rule of Civil Procedure 12 if they believe that such a motion is warranted after Plaintiff effects service of process upon them. Plaintiff will need to effect service of process upon Defendants himself pursuant to Federal Rule of Civil Procedure 4. If Plaintiff does not properly and timely effect service of process upon Defendants, the Court will dismiss this case. See written order. (KE)
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| Filing 3 DEMAND for Trial by Jury by Tavaris Earl Hunt. (TC) |
| 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 10/23/2023. (Attachments: #1 Notice Regarding Privacy Issues)(KE) |
| Filing 1 COMPLAINT against All Defendants, filed by Tavaris E Hunt. (Attachments: #1 Exhibits, #2 Cover Letter)(KE) |
| Filing fee: $ 402, receipt number 200000829 (KE) |
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