Shunick v. Galesburg Police Department et al
| Char M Shunick |
| Scott Shipplett, Darren Worsfield, City of Knox County, Galesburg Police Department and Patrick Kysler |
| 4:2019cv04244 |
| December 4, 2019 |
| US District Court for the Central District of Illinois |
| James E Shadid |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing 6
MERIT REVIEW ORDER entered by Judge James E. Shadid on 1/28/2020. IT IS THEREFORE ORDERED: 1) The Court has reviewed Plaintiffs allegations pursuant to 28 U.S.C. 1983. Plaintiff is alleging Defendants Kysler and Worsfield violated his constitutional rights based on a false arrest and illegal search. However, before the Court can consider whether this case should be stayed pending resolution of the state court criminal case, Plaintiff must provide specific answers to the questions posed in this order to clarify his intended claims. 2) Plaintiff must provide his written response within 21 days or on or before February 19, 2020. If Plaintiff does not file a written response on or before February 19, 2020, or if Plaintiff ignores the Court's directions, his case will be dismissed. 2) Plaintiff must also immediately notify the Court in writing of any change in his mailing address or telephone number. Failure to provide this information will also result in the dismissal of this lawsuit. 3) The Clerk of the Court is directed to dismiss Defendants Galesburg Police Department, City of Knox County, and Judge Scott Shipplett for failure to state a claim upon which relief can be granted. The Clerk is also to reset the internal merit review deadline within 21 days of this order. SEE FULL WRITTEN ORDER.(SAG, ilcd)
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| Filing 5 +++ PRISONER TRUST FUND LEDGER. (SAG, ilcd) |
| Filing 4 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Char M Shunick.(SAG, ilcd) |
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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 $35.82. The agency having custody of Plaintiff is directed to forward the initial partial filing fee from Plaintiff's account to the Clerk of Court. After payment of the initial partial filing fee (or immediately if no funds are available for that payment) the agency having custody of Plaintiff is directed to 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. 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. Entered by Judge James E. Shadid on 12/13/2019. (SAG, ilcd)
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TEXT ORDER entered by Judge James E. Shadid on 12/5/2019. Plaintiff, a pro se prisoner, has filed a complaint alleging an illegal search and seizure based on an arrest and resulting criminal charges #1 . Plaintiff does not state when the arrest occurred. Plaintiff has also failed to either pay the required $400 filing fee or file a motion to proceed in forma pauperis [IFP]. Therefore, the Court has allowed Plaintiff 21 days to either pay the fee or file an IFP motion or his case will be dismissed. See December 4, 2019, Text Order. Plaintiff has also filed a motion to expedite his case #3 . The Court notes Plaintiff's complaint asks for both damages and his immediate release from custody. However, Plaintiff has filed his lawsuit pursuant to 42 U.S.C. 1983. While the Plaintiff may seek damages with this lawsuit, he cannot request his release from incarceration. A habeas petition pursuant to 2254 is the exclusive federal remedy for a state prisoner who challenges the fact or duration of his confinement and seeks immediate or speedier release. Preiser v Rodriguez, 411 U.S. 475, 500(1973). Furthermore, this Court cannot convert Plaintiff's 1983 action into a habeas action. Corpus v City of Edgerton, 96 F.3d 1038 (7th Cir. 1996); Moore v Pemberton, 110 F.3d 22 (7th 1997). Finally, while Plaintiff says he needs legal help, Plaintiff should refer any questions concerning his current incarceration to his hired or appointed counsel which he mentions in his complaint. Plaintiff's motion to expedite is denied #3 . Plaintiff's case remains set for review pursuant to 28 U.S.C. 1915A as noted in the Notice of Case Opening #2 . Plaintiff is reminded he must either pay the full filing fee or file his motion to proceed IFP within 21 days or his case will be dismissed. (SAG, ilcd)
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| Filing 3 MOTION to Expedite a Ruling by Plaintiff Char M Shunick. Responses due by 12/18/2019 (SAG, ilcd) |
| 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 12/24/2019. (Attachments: #1 Notice Regarding Privacy Issues)(SAG, ilcd) |
| Filing 1 COMPLAINT against All Defendants, filed by Char M Shunick.(SAG, ilcd) |
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TEXT ORDER entered by Judge James E. Shadid on 12/4/2019. Plaintiff has filed a Complaint but has not paid the $400 filing fee nor filed a petition to proceed in forma pauperis. Within 21 days of the entry of this order, Plaintiff must pay the $400 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, ilcd)
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