Fredrickson v. McAuliffe et al
| Tim Fredrickson |
| Marcy O'Brien, Moline Police Department, Davenport Police Department and Jeremy McAuliffe |
| 4:2020cv04039 |
| February 25, 2020 |
| US District Court for the Central District of Illinois |
| Sue E Myerscough |
| Tom Schanzle-Haskins |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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TEXT ORDER entered by Judge Sue E. Myerscough on 4/20/2020. On 2/26/20, this case was dismissed without prejudice for failure to pay the filing fee because Plaintiff had accumulated three strikes under 28 U.S.C. Sec 1915(g). Plaintiff moves to reopen the case, asserting that two of the cases the Court counted as strikes are not strikes. The Court agrees as to one case: Fredrickson v. McAwful, 19-cv-121 (S.D. Iowa), which was dismissed as frivolous but has since been reopened. However, the operative complaint in case 19-cv-121 is about the same incident in this case (violation of Plaintiff's Fourth amendment rights in February 2017), and the Court in 19-cv-121 has already found that Plaintiff states a claim and has asked Plaintiff to provide more information for purposes of service. Case 19-cv-121 is, therefore, further along than this case. Plaintiff's motion to reconsider is granted. #6 . The order dismissing this case for failure to pay the filing fee is vacated. This case remains dismissed and closed, however, as duplicative of case 19-cv-121. Trippe Mfg. Co. v. Am. Power Conversion Corp., 46 F.3d 624, 629, 629 (7th Cir.1995)([a] district court has an ample degree of discretion in deferring to another federal proceeding involving the same parties and issues to avoid duplicative litigation.). (KE, ilcd)
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| Filing 6 MOTION to Reopen Case and MOTION for Reconsideration regarding Order on Petition to Proceed In Forma Pauperis by Plaintiff Tim Fredrickson. Responses due by 4/8/2020 (MAS, ilcd) |
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VACATED - TEXT ORDER entered by Judge Sue E. Myerscough on 2/26/2020. Plaintiff, who is currently detained in the Mercer County Jail, has filed a complaint about the application for and execution of a search warrant in 2017 in Davenport, Iowa. Plaintiff's petition to proceed in forma pauperis is denied #4 because Plaintiff has accumulated three strikes under 28 U.S.C. Sec 1915(g). Fredrickson v. MCC, 18-cv-4637 (N.D. Ill.)(dismissed for failure to state a claim; Fredrickson v. Darrow, 19-cv-4127 (C.D. Ill.)(dismissed for failure to state a claim); Fredrickson v. McAwful, 19-cv-121 (S.D. Iowa)(dismissed as frivolous). This case is dismissed without prejudice for Plaintiff's failure to pay the $400 filing fee. Plaintiff may file a motion to reopen by March 26, 2020 with payment of the $400 filing fee in full. The clerk is directed to close this case. No judgment will enter. (KE, ilcd) Modified on 4/20/2020 to show vacated pursuant to text order entered 4/20/2020. Case to remain closed. (KE, ilcd).
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| Filing 5 +++ PRISONER TRUST FUND LEDGER by Tim Fredrickson. (KE, ilcd) |
| Filing 4 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Tim Fredrickson.(KE, ilcd) |
| Filing 3 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Sue E Myerscough. Effective immediately, all documents should be mailed or scanned to the Springfield Division, 600 E Monroe, Springfield,IL 62701.Merit Review Deadline set for 3/16/2020. (Attachments: #1 Notice Regarding Privacy Issues)(KE, ilcd) |
| Filing 2 MEMORANDUM in Support re #1 Complaint by Tim Fredrickson. (KE, ilcd) |
| Filing 1 COMPLAINT against All Defendants, filed by Tim Fredrickson. (Attachments: #1 Envelope)(KE, ilcd) |
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