Carter v. Doe et al
| Al Carter, Jr |
| John Doe, Brian Laufenberg and Dore Villareal |
| 4:2020cv04255 |
| December 4, 2020 |
| US District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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This docket was last retrieved on December 30, 2020. A more recent docket listing may be available from PACER.
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TEXT ORDER entered by Judge Colin Stirling Bruce on 12/30/2020. Plaintiff's motion to reconsider the Court's Merit Review Order #7 is DENIED. Essentially, Plaintiff argues that the Court erred in staying this case based upon a finding that Younger abstention applied. However, it is clear from the allegations of Plaintiff's Complaint that his state criminal proceedings are intertwined with this civil rights lawsuit. Even if the Court were to consider his motion to reconsider as an attempt to amend his Complaint, nothing in Plaintiff's motion to reconsider convinces the Court that it erred in staying and administratively closing this case. Therefore, Plaintif's motion to reconsider is denied. (KB, ilcd)
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| Filing 7 MOTION for Reconsideration re #6 Merit Review Order by Plaintiff Al Carter, Jr. Responses due by 1/11/2021. (DS, ilcd) |
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Filing 6
MERIT REVIEW ORDER entered by Judge Colin Stirling Bruce on 12/14/2020. This case is STAYED pending a resolution of Plaintiff's related state court criminal matters and pending further Order from this Court. The Court directs the Clerk to administratively close this case. See Thomas v. Wardell, 951 F.3d 854, 858 n. 3 (7th Cir. 2020)("Administratively closing a case moves it to a court's inactive docket, while the court retains jurisdiction for purposes of future activities on the case."). Plaintiff may seek to reinstate this case at the conclusion of his state criminal proceedings. However, the Court takes no position yet on whether this case states a claim upon which relief can be granted and whether Plaintiff will be allowed to proceed if he seeks to reinstate this case. See written order. (KE, ilcd)
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TEXT ORDER entered by Judge Colin Stirling Bruce on 12/9/2020. Plaintiff's motion to request counsel #5 is DENIED. The Court generally will not consider recruiting counsel for a pro se plaintiff until the Court determines that he possess a claim upon which relief can be granted after the Court conducts a merit review of the complaint. Plaintiff may renew his motion if his claim survives a merit review that the Court will conduct in the near future. (KE, ilcd)
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TEXT ORDER entered by Judge Colin Stirling Bruce on 12/7/2020 granting #3 Petition to Proceed In Forma Pauperis. Plaintiff's trust fund ledgers indicate he has no funds to make an initial partial payment of the filing fee. Pursuant to 28 U.S.C. Section 1915(b) (4), the initial partial filing fee is waived. 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. (KE, ilcd)
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| Filing 5 MOTION to Request Counsel by Plaintiff Al Carter, Jr. Responses due by 12/18/2020 (KE, ilcd) |
| Filing 4 +++ PRISONER TRUST FUND LEDGER by Al Carter, Jr. (KE, ilcd) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Al Carter, Jr.(KE, ilcd) |
| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Colin Stirling Bruce. Effective immediately, all documents should be mailed or scanned to the Urbana Division, 201 S Vine Street, Urbana, IL 61802.Merit Review Deadline set for 12/24/2020. (Attachments: #1 Notice Regarding Privacy Issues)(KE, ilcd) |
| Filing 1 COMPLAINT against All Defendants, filed by Al Carter, Jr. (Attachments: #1 Exhibits, #2 Envelope)(KE, ilcd) |
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