Newcomer v. Greene et al
| Bostyn Newcomer |
| . Garbett, . Little, . Dickson, Corey Holzer, Brittany Greene, Ryan Knight, . Gasko, Silvester Erude, . Goins, . Arnes and Brant Mountain |
| 3:2024cv03286 |
| October 15, 2024 |
| U.S. District Court for the Central District of Illinois |
| James E Shadid |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 12 Letter from Clerk plaintiff Bostyn Newcomer re #11 . (DW) |
| Filing 11 Letter from Bostyn Newcomer requesting copies. (DW) |
| Prisoner Initial Partial Filing Fee received 12/2/2024, in the amount of $36.26; receipt number 200001563. (RAH) |
TEXT ORDER entered by Judge James E. Shadid on 11/19/2024. Plaintiff filed a Complaint under 42 U.S.C. 1983 on October 15, 2024. Prior to the Court conducting a merit review of his Complaint, Plaintiff filed a Motion for Leave to File an Amended Complaint asking to include an additional Defendant. The Court denied Plaintiff's motion because piecemeal amendments to a complaint are impermissible and gave Plaintiff 30 days to file an Amended Complaint. (d/e 10/29/2024). Plaintiff now files a Motion to Amend Complaint #10 consisting of a one-page list of three additional Defendants. As the Court previously instructed, the Court cannot accept a piecemeal amendment to the Complaint. #10 is DENIED. Within 30 days of this Order, Plaintiff may file a Motion for Leave to File Amended Complaint and attach his Amended Complaint as an exhibit to the motion. The Amended Complaint must include all claims against all parties without reference to a prior pleading. If Plaintiff does not file an Amended Complaint by December 19, 2024, the Court will conduct a merit review of his original Complaint. (ANW)
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| Filing 9 Remark: Docket sheet and complaint form attached re #8 Letter requesting status and forms. (Attachments: #1 1983 Complaint Form) (DW) |
| Filing 8 Letter from Plaintiff Bostyn Newcomer Requesting Status and Forms (DW) |
| Filing 10 MOTION to Amend #1 Complaint by Plaintiff Bostyn Newcomer. Responses due by 11/29/2024 (DW) |
| Remark: Discovery received (Plaintiff's First Request for Production of Documents) via USPS will not be filed pursuant to Local Rule 26.3. Local Rule enclosed with discovery documents being returned. (TK) |
| Filing 7 Remark: Complaint form attached pursuant to Text Order 10/29/2024 (SAG) |
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TEXT ORDER entered by Judge James E. Shadid on 10/29/2024. Plaintiff filed a Complaint under 42 U.S.C. 1983 on October 15, 2024. Prior to the Court conducting a merit review of his Complaint, Plaintiff now files a Motion for Leave to File an Amended Complaint #6 asking to include an additional Defendant. The Court will not allow a piecemeal amendment of the complaint. See Spreck v. U.S. Veterans Admin., 67 F. App'x 963, 964 (7th Cir. 2003) (Courts are "not required to incorporate [a plaintiff's] revised caption into an earlier submitted complaint and accept the complaint piecemeal."). #6 is DENIED. Plaintiff will have 30 days in which to file an Amended Complaint. It is to include all of Plaintiff's claims, without reference to a prior pleading. Plaintiff is to identify all individuals whom he holds liable for violating his constitutional rights. If Plaintiff fails to file an Amended Complaint within 30 days of this Order, the Court will conduct a merit review of Plaintiff's original Complaint. The Clerk is directed to send Plaintiff a blank section 1983 complaint form. (SAG)
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| Filing 6 MOTION for Leave to File an Amended Complaint by Plaintiff Bostyn Newcomer. Responses due by 11/12/2024. (SB) |
| Filing 5 NOTICE of Authorization re 10/15/2024 Text Order on Petition to Proceed In Forma Pauperis filed by plaintiff Bostyn Newcomer. (SB) |
| Filing 4 +++ PRISONER TRUST FUND LEDGER by Bostyn Newcomer (ANW) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Bostyn Newcomer.(ANW) |
| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge James Shadid. 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 11/4/2024. (Attachments: #1 Notice Regarding Privacy Issues)(ANW) |
| Filing 1 COMPLAINT against All Defendants, filed by Bostyn Newcomer.(ANW) |
| TEXT ORDER entered by Sr. District Judge James E. Shadid on 10/15/24 granting #3 Petition to Proceed In Forma Pauperis. Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $36.26. 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 11/14/2024. (ANW) |
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