Augusta v. Knox County Sheriffs Department et al
| Quennel Augusta |
| Knox County Sheriffs Department, Galesburg Police Department, Kyle Winbigler, John T Pepmeyer, Steven Mathers and Paul Mangeri |
| 4:2016cv04032 |
| February 17, 2016 |
| US District Court for the Central District of Illinois |
| Rock Island Office |
| Knox |
| Sara Darrow |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
11
MERIT REVIEW OPINION - Entered by Judge Harold A. Baker on 5/25/2016. See written Order (Rule 16 Deadline 7/25/2016.) Pursuant to its merit review of the Complaint under 28 U.S.C. § 1915A, the court finds that the plaintiff states a Fourth Amen dment claim for the execution of an allegedly facially invalid search warrant against defendant Brian Brady. No service shall issue at this time. This case is stayed for the reasons stated above. Clerk is directed to add Brian Brady, Galesburg Pol ice Officer as a defendant. The clerk is directed to terminate the Knox County Sheriff's Department, Galesburg Police Department, Kyle Winbigler, John T. Pepmeyer, Steven Mathers, and Paul Mangeri as defendants. The plaintiff's motion f or counsel is denied 5 , with leave to renew upon demonstrating that he made attempts to hire his own counsel. Pruitt v.Mote, 503 F.3d 647, 654-55 (7th Cir. 2007). This typically requires writing to several lawyers and attaching the responses. If Pl aintiff renews his motion, he should set forth how far he has gone in school, any jobs he has held inside and outside of prison, any classes he has taken in prison, and any prior litigation experience he has. The plaintiff's 3 motion to proce ed in forma pauperis is GRANTED. The clerk is directed to again request trust fund ledgers from the Knox County Jail and assess an initial partial filing fee accordingly. The plaintiff's motion to add case to jury calendar 7 is DENIED at thi s time. Plaintiff's motion for status 9 is DENIED as MOOT. The plaintiff's motion to substitute party 8 is DENIED. Defendant Mangeri has been dismissed for the reasons stated above. The Knox County Jail is a building and not a pers on that may be sued under ' 1983. Wright v. Porter County, 2013 WL 1176199, *2 (N.D. Inc. Mar. 19, 2013)("Wright also sues the jail itself, but this is a building, not a "person" or even a policy-making body that can be sued for constitutional violations.") Plaintiff is directed to provide the Court with a status update on his underlying criminal proceedings by August 15, 2016. (LN, ilcd)
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