Kugler v. Donathan et al
| Devin Kugler |
| Gregory Donathan, Erin Posey, William Epperson, Sharon Coleman, Grace B Hou and Doe Defendants |
| 4:2022cv04138 |
| September 26, 2022 |
| US District Court for the Central District of Illinois |
| James E Shadid |
| Prisoner Petitions: Civil Detainee: Conditions of Confinement |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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TEXT ORDER entered by Judge James E. Shadid on 11/15/2022. On November 7, 2022, the Court dismissed Plaintiff's complaint for failure to state a claim upon which relief can be granted. See November 7, 2022, Order. Plaintiff has filed a motion for reconsideration #6 . Plaintiff believes he has provided enough information to state a claim for the purposes of notice pleading. "A district court may reconsider and amend any nonfinal order at any time before entry of final judgment." Frazee v. Dearborn County Sheriff's Department, 2018 WL 4680156, at *1 (S.D.Ind. Sept. 28, 2018) citing Moses H. Cone Mem. Hosp. v. Mercury Constr. Corp., 460 U.S. 1, 12 (1983); Fed. R. Civ. Pro. 54(b). Nonetheless, court orders are not "mere first drafts, subject to revision and reconsideration at a litigant's pleasure." CehovicDixneuf v. Wong, 895 F.3d 927, 93233 (7th Cir. 2018) quoting Quaker Alloy Casting Co. v. Gulfco Indus., Inc., 123 F.R.D. 282, 288 (N.D. Ill. Nov. 15, 1988). Instead, motions to reconsider serve a limited purpose, and are only appropriate "when there has been a significant change in the law or facts since the parties presented the issue to the court, when the court misunderstands a party's arguments, or when the court overreaches by deciding an issue not properly before it." U.S. v. Ligas, 549 F.3d 497, 50102 (7th Cir. 2008); citing Bank of Waunakee v. Rochester *502 Cheese Sales, Inc., 906 F.2d 1185, 1191 (7th Cir.1990). Plaintiff has not met his burden. While Plaintiff's claims may be clear to him, they must also be clear to both the Court and any potential Defendant. The Court explained why it was unable to decipher Plaintiff's complaint and the specific information needed to cure the deficiencies in the pleadings. Plaintiff was also allowed until November 29, 2022, to file an amended complaint if he believed he could cure those deficiencies. Therefore, the Motion to Reconsider is denied #6 . (SAG)
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| Filing 6 MOTION for Reconsideration and Motion to Clarify by Plaintiff Devin Kugler. Responses due by 11/28/2022 (VH) |
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Filing 5
CASE MANAGEMENT ORDER entered by Judge James E. Shadid on 11/7/2022. IT IS THEREFORE ORDERED: 1) Plaintiff's Petition to Proceed In Forma Pauperis is DENIED with leave to renew #3 . 2) The complaint is dismissed for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6) and 28 U.S.C. 1915A. 2) If Plaintiff believes he can cure the deficiencies noted in his complaint, he may file an amended complaint on or before November 29, 2022. The pleading must be titled "Amended Complaint" and must include all claims and Defendants without reference to the initial complaint. Failure to file an amended complaint by the deadline will result in the dismissal of this case for failure to state a claim. 3) The Clerk of the Court is directed to reset the internal merit review deadline within 21 days of this order. SEE FULL WRITTEN ORDER.(SAG)
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TEXT ORDER: This Court has instituted a reduced payment procedure for indigent plaintiffs who are institutionalized but who are not prisoners as defined in 28 USC Section 1915(h). A reduced payment is assessed of 50% of such plaintiff's average monthly income for the six months preceding the filing of the complaint (not to exceed the $402 filing fee). Income includes all deposits from any source. The plaintiff Devin Kugler is currently detained at Rushville Treatment and Detention Facility, and is thus subject to the reduced payment procedure. However, the plaintiff's ledgers for the past six months show an average monthly income of $1.00 or less. No reduced filing fee will be assessed. Entered by Judge James E. Shadid on 10/4/2022. (SAG)
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| Filing 4 Letter Requesting Trust Fund Ledger. Trust fund ledger sheets due by 10/11/2022. (SAG) |
| 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 10/17/2022. (Attachments: #1 Notice Regarding Privacy Issues)(SAG) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Plaintiff Devin Kugler. Responses due by 10/11/2022 (SAG) |
| Filing 1 COMPLAINT against All Defendants, filed by Devin Kugler.(SAG) |
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