Patterson v. Pritzker et al
| Andre Patterson and Janiah Monroe |
| J B Pritzker, LaToya Hughes, Logan County, Jean Case, Melinda Eddy, . Long, . Ingram and . Estes |
| 3:2025cv03065 |
| March 7, 2025 |
| U.S. District Court for the Central District of Illinois |
| Jonathan E Hawley |
| 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 May 29, 2025. A more recent docket listing may be available from PACER.
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| Prisoner Initial Partial Filing Fee received 5/29/2025, in the amount of $ 20.00; receipt number 20001923. (BMG) |
TEXT ORDER entered by District Judge Jonathan E Hawley on 5/6/2025. On 5/2/2025, this Court dismissed this case without prejudice and entered a judgment. On 5/5/2025, Plaintiff filed a Motion for Preliminary Injunction #17 seeking a preliminary injunction "ordering an end to Petitioner's wrongful/false imprisonment." (Doc. #17 at p. 1). The purpose of a preliminary injunction is to preserve the status quo pending a final hearing on the merits of the case. Am. Hosp. Ass'n v. Harris, 625 F.2d 1328, 1330 (7th Cir. 1980). To prevail, "the moving party must demonstrate: (1) a likelihood of success on the merits; (2) a lack of an adequate remedy at law; and (3) an irreparable harm will result if the injunction is not granted." Foodcomm Int'l v. Barry, 328 F.3d 300, 303 (7th Cir. 2003) (citations omitted). This case is closed. This Court dismissed Plaintiff's Amended Complaint without prejudice as barred by Heck v. Humphrey, 512 U.S. 477 (1994), and for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6). (See Merit Review Order, Doc. #15 ). The Court instructed Plaintiff that challenging the length of her sentence "must first be pursued in [her] criminal cases in state court." Id. at p. 2. The Court dismissed the case "without prejudice to ensure that Plaintiff may pursue any appropriate relief regarding the length of her sentence." Id. at p. 3. Plaintiff's Motion for Preliminary Injunction #17 is DENIED. (VH)
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| Filing 17 MOTION for Preliminary Injunction/TRO Order by Plaintiff Andre Patterson. Responses due by 5/19/2025 (RES) |
| Filing 16 JUDGMENT entered. (VH) |
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Filing 15
MERIT REVIEW ORDER entered by District Judge Jonathan E Hawley on 5/2/2025. IT IS THEREFORE ORDERED:1) Plaintiff's Amended Complaint is DISMISSED WITHOUT PREJUDICE as barred by Heck v. Humphrey, 512 U.S. 477 (1994), and for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6) and Section 1915A. Any further amendment would be futile. The Clerk is directed to enter a judgment and close this case.2) Plaintiff must still pay the filing fee of $350 even though her case has been dismissed. The agency having custody of Plaintiff shall continue to make monthly payments to the Clerk of Court, as directed in the Court's prior Order. (See d/e 3/14/2025).3) If Plaintiff wishes to appeal this dismissal, she must file a notice of appeal with this Court within 30 days of the entry of judgment. Fed. R. App. P. 4(a). A motion for leave to appeal in forma pauperis MUST identify the issues Plaintiff will present on appeal to assist the Court in determining whether the appeal is taken in good faith. See Fed. R. App. P. 24(a)(1)(c); see also Celske v. Edwards, 164 F.3d 396, 398 (7th Cir. 1999) (stating that an appellant should be allowed to submit a statement of the grounds for appealing so that the district judge "can make a reasonable assessment of the issue of good faith"); Walker v. O'Brien, 216 F.3d 626, 632 (7th Cir. 2000) (providing that a good-faith appeal is an appeal that "a reasonable person could suppose... has some merit" from a legal perspective). If Plaintiff chooses to appeal, she will be liable for the $605 appellate filing fee regardless of the outcome of the appeal. See full written Order.(VH)
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TEXT ORDER entered by Judge Jonathan E. Hawley on 4/23/2025. Plaintiff files a Motion for Default Judgment #14 asking the Court to enter judgment in his favor because Defendants failed to file a response by 4/15/2025. No response from Defendants was due. On 4/4/2025, the Court granted Plaintiff's Motion for Leave to File Amended Complaint and set the merit review deadline 30 days out. (See d/e 4/4/2025). Plaintiff's Motion #14 is DENIED.(JS)
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| Filing 14 MOTION for Default Judgment by Plaintiff Andre Patterson. Responses due by 5/6/2025 (RES) |
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TEXT ORDER entered by District Judge Jonathan E Hawley on 4/22/2025. Plaintiff files a Motion for Access to an Unmonitored Phone Line to Secure Counsel #13 asking for access to an unmonitored phone line for one hour a day for 30 days to find an attorney to represent her. The Court cannot order Plaintiff's facility to provide unmonitored access to the phone. Plaintiff's Motion #13 is DENIED. (VH)
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| Filing 13 MOTION for Access to an Unmonitored Phone Line to Secure Counsel by Plaintiff Andre Patterson. Responses due by 5/2/2025. (JPL) |
| Filing 12 AMENDED COMPLAINT against All Defendants, filed by Andre Patterson.(SAG) |
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TEXT ORDER entered by District Judge Jonathan E Hawley on 4/4/2025. On March 28, 2025, the Court dismissed Plaintiff's Complaint without prejudice as barred by Heck v. Humphrey, 512 U.S. 477 (1994), and for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6) and Section 1915A and permitted Plaintiff to file an Amended Complaint within 30 days. Plaintiff's Motion for Leave to File Amended Complaint #10 is GRANTED. The Clerk is hereby directed to file the Amended Complaint and set the merit review deadline 30 days out. Plaintiff's "Motion to Proceed in forma pauperis and to Appoint Counsel" #11 is MOOT. The Court granted Plaintiff's prior Petition to Proceed in forma pauperis on March 14, 2025. Plaintiff has not demonstrated a reasonable effort to obtain counsel on her own. See Merit Review Order, Doc. #7 .(SAG)
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| Filing 11 MOTION for Leave to Proceed in forma pauperis and MOTION to Request Counsel by Plaintiff Andre Patterson. Responses due by 4/15/2025 (RES) |
| Filing 10 MOTION for Leave to File/Proceed on Amended Complaint by Plaintiff Andre Patterson. Responses due by 4/15/2025 (Attachments: #1 Amended Complaint)(RES) |
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TEXT ORDER OF REASSIGNMENT entered by Chief Judge Sara Darrow on 4/1/2025. Due to District Judge James E. Shadid's retirement, this case is reassigned to District Judge Jonathan E. Hawley for further proceedings.
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TEXT ORDER entered by Judge James E. Shadid on 3/28/2025. On 3/26/2025, the Court dismissed Plaintiff's Complaint without prejudice as barred by Heck v. Humphrey, 512 U.S. 477 (1994), and for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6) and 1915A. (See Merit Review Order, Doc. #7 ). The Court gave Plaintiff leave to file an Amended Complaint within 30 days. Plaintiff now files a Motion to Proceed #9 arguing that his Complaint states a claim for relief. Plaintiff also attaches caselaw to his motion. As this Court previously instructed, Plaintiff must file an Amended Complaint containing all allegations against all Defendants. Piecemeal amendments are not accepted. Failure to file an Amended Complaint by 4/25/2025 will result in the dismissal of this case without prejudice. #9 is DENIED.(JS)
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| Filing 9 MOTION to Proceed by Plaintiff Andre Patterson. Responses due by 4/10/2025 (RES) |
| Filing 8 Remark: Blank Section 1983 complaint form attached. (JS) |
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Filing 7
MERIT REVIEW ORDER entered by Judge James E. Shadid on 3/26/2025. IT IS THEREFORE ORDERED: 1) Plaintiff's Complaint is DISMISSED WITHOUT PREJUDICE as barred by Heck v. Humphrey, 512 U.S. 477 (1994), and for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6) and 1915A. Plaintiff shall have 30 days from the entry of this Order to file an Amended Complaint. Failure to file a timely Amended Complaint will result in the dismissal of this case without prejudice. Plaintiff's Amended Complaint will replace Plaintiff's original Complaint in its entirety. The Amended Complaint must contain all allegations against all Defendants. Piecemeal amendments are not accepted. 2) The Clerk is directed to send Plaintiff a blank Section 1983 complaint form. 3) Plaintiff's Motion to Request Counsel #6 is DENIED, with leave to renew. (JS)
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| Filing 6 MOTION to Request Counsel by Plaintiff Andre Patterson. Responses due by 3/28/2025 (SAG) |
| Filing 5 +++ PRISONER TRUST FUND LEDGER by Andre Patterson (SAG) |
| Filing 4 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Andre Patterson.(SAG) |
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TEXT ORDER granting #4 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 $57.76. 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 4/14/2025. Entered by Judge James E. Shadid on 3/14/2025. (SAG)
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Filing 3
TEXT ORDER entered by Judge James E. Shadid on 3/7/2025. Plaintiff has filed a Complaint but has not paid the $405 filing fee nor filed a petition to proceed in forma pauperis. Within 21 days of the entry of this order, Plaintiff must pay the $405 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.(SAG)
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| 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 3/27/2025. (Attachments: #1 Notice Regarding Privacy Issues)(SAG) |
| Filing 1 COMPLAINT against All Defendants, filed by Andre Patterson.(SAG) |
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