Diaz v. Hendrix et al
| Mario Diaz |
| M Hendrix and Rushville Treatment and Detention Facility |
| 4:2022cv04151 |
| October 17, 2022 |
| US District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| Prisoner Petitions: Civil Detainee: Conditions of Confinement |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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| Filing 11 JUDGMENT entered. (KE) |
Filing 10
MERIT REVIEW ORDER entered by Judge Colin Stirling Bruce on 11/7/2022. Plaintiff's motion for leave to file an amended complaint #9 is DENIED. Plaintiff's Complaint is DISMISSED WITHOUT PREJUDICE because it fails to state a claim upon which relief can be granted and because, having been given an opportunity to amend his Compliant, the Court finds that any further attempt by Plaintiff to amend the Complaint would be futile. 28 U.S.C. Sec 1915A; Fed. R. Civ. Pro. 12(b)(6). The Clerk of the Court is directed to enter judgment in Defendants' favor and against Plaintiff. This case is CLOSED. If he wishes to appeal this judgment, Plaintiff must file a notice of appeal with this Court within thirty (30) days of the entry of judgment. Fed. R. App. P. 4(a)(4). If he wishes to proceed in forma pauperis on appeal, Plaintiff's motion for leave to appeal in forma pauperis must identify the issues that he will present on appeal to assist the Court in determining whether the appeal is taken in good faith. See written order. (KE)
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| Filing 9 MOTION for Leave to File Amended Complaint by Plaintiff Mario Diaz. Responses due by 11/16/2022 (Attachments: #1 Scanning Page)(KE) |
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Filing 8
MERIT REVIEW ORDER entered by Judge Colin Stirling Bruce on 10/25/2022. Plaintiff's Complaint fails to state a claim upon which relief can be granted, and his Complaint is dismissed without prejudice. Fed. R. Civ Pro. 12(b)(6). Nevertheless, Plaintiff's motion for leave to proceed in forma pauperis #3 is GRANTED in order to allow him to file a proposed amended complaint that states a claim upon which relief can be granted, if he chooses to do so. Plaintiff is given twenty-one (21) days from the date of this Order to file a proposed amended complaint. If Plaintiff fails to file a proposed amended complaint by this deadline, the Court will dismiss this case. See written order. (KE)
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TEXT ORDER entered by Judge Colin Stirling Bruce on 10/25/2022. Plaintiff's second motion for leave to proceed in forma pauperis #7 is DENIED. To the extent that he has moved for IFP status for a second time, Plaintiff's motion is denied as moot. In its October 25, 2022 Order, the Court granted Plaintiff's first motion for leave to proceed in forma pauperis. Therefore, Plaintiff's second motion is moot. To the extent that he is moving for IFP status to litigate this case for free, Plaintiff's motion is also denied. Obtaining IFP status does not relieve a pro se plaintiff from paying the normal costs associated with litigation. IFP status simply allows the plaintiff to pay the required filing fee over time rather than in a lump sum at the beginning of the case. (KE)
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TEXT ORDER entered by Judge Colin Stirling Bruce on 10/25/2022. Plaintiff's motion to request counsel #6 is DENIED. As previously explained to Plaintiff, 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 review of the complaint. The Court has reviewed Plaintiff's Complaint and has determined that it fails to state a claim upon which relief can be granted. However, the Court gave Plaintiff an opportunity to try to amend his Complaint to state a claim. If Plaintiff amends his Complaint and if his proposed amended complaint states a claim upon which relief can be granted, Plaintiff may renew his motion for counsel. (KE)
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| Filing 7 MOTION for Leave to Proceed in forma pauperis by Plaintiff Mario Diaz. Responses due by 11/4/2022 (KE) |
| Filing 6 MOTION to Request Counsel by Plaintiff Mario Diaz. Responses due by 11/4/2022 (Attachments: #1 Scanning Page)(KE) |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 10/18/2022. 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 review of the complaint. Plaintiff may renew his motion if his claim survives that review, which the Court will conduct in the near future. (KE)
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TEXT ORDER entered by Judge Colin Stirling Bruce on 10/18/2022. This Court has instituted a reduced payment procedure for indigent plaintiffs who are institutionalized but who are not prisoners as defined in 28 USC Sec 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 $350 filing fee). Income includes additions to the plaintiff's trust fund from any sources, including gifts. The plaintiff Mario Diaz 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. (KE)
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| Filing 5 MOTION to Request Counsel by Plaintiff Mario Diaz. Responses due by 10/31/2022 (KE) |
| Filing 4 +++ PRISONER TRUST FUND LEDGER by Mario Diaz. (KE) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Plaintiff Mario Diaz. Responses due by 10/31/2022 (KE) |
| 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 11/7/2022. (Attachments: #1 Notice Regarding Privacy Issues)(KE) |
| Filing 1 COMPLAINT against All Defendants, filed by Mario Diaz. (Attachments: #1 Exhibits, #2 Envelope)(KE) |
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