Juarez v. Ellison et al
| Robert Juarez |
| Marvin Ellison, Christine E Wormuth and Blake Hall |
| 4:2022cv04175 |
| December 5, 2022 |
| U.S. District Court for the Central District of Illinois |
| Sara Darrow |
| Jonathan E Hawley |
| Civil Rights: Jobs |
| 42 U.S.C. ยง 1983 Civil Rights (Employment Discrimination) |
| Plaintiff |
Docket Report
This docket was last retrieved on February 1, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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TEXT ORDER entered by Chief Judge Sara Darrow on February 1, 2023. Plaintiff Robert Juarez has filed a #4 motion to dismiss, which the Court construes as a notice of dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). No Defendant has filed an answer or a motion for summary judgment, so the #4 motion is MOOT. The Clerk is directed to close the case. (AAK)
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| Filing 4 MOTION to Dismiss by Plaintiff Robert Juarez. Responses due by 2/13/2023. (ED) |
| Set/Reset Deadlines: Amended Complaint due by 2/10/2023. (RES) |
TEXT ORDER entered by Chief Judge Sara Darrow on January 27, 2023. Plaintiff was ordered to file an amended complaint by January 24, 2023. See #2 Order 6. Though he filed a #3 motion to request counsel, he did not file an amended complaint by the deadline. The Court sua sponte extends the deadline for Plaintiff to file an amended complaint to February 10, 2023. If Plaintiff fails to file an amended complaint by that deadline, his case could be dismissed for failure to prosecute. (AV)
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TEXT ORDER entered by Chief Judge Sara Darrow on January 24, 2023. Plaintiff Robert Juarez has filed a #3 Motion to Request Counsel, requesting the appointment of counsel and listing the names of attorneys who have declined to represent him. Under the federal in forma pauperis ("IFP") statute, "[t]he court may request an attorney to represent any person unable to afford counsel." 28 U.S.C. 1915(e)(1). But Plaintiff is not proceeding IFP--he paid the full filing fee, and he has not filed a motion to proceed IFP. See also #3 Mot. 1-2 (failing to fill out the section of the form discussing IFP applications). And, beyond checking a box stating that he is "unable to afford the services of an attorney," id. at 1, he provides no information about his finances such that the Court could conclude he is unable to afford counsel. Nor does he identify any other basis under which he may be appointed counsel. For these reasons, Plaintiff's #3 Motion to Request Counsel is DENIED without prejudice. Should his circumstances change, he may file a motion to proceed IFP and may seek the appointment of counsel at that time. (AAK)
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| Filing 3 MOTION to Request Counsel by Plaintiff Robert Juarez. Responses due by 2/2/2023. (ED) |
Filing 2
ORDER entered by Chief Judge Sara Darrow on January 3, 2023. The Court ORDERS Plaintiff to file an amended complaint in accordance with this Order by January 24, 2023. (AV)
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| Set/Reset Deadlines/Hearings: Plaintiff Amended Complaint due by 1/24/2023. See Text Order entered on 1/3/2023. (RES) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 402 paid ROC400000162), filed by Robert Juarez.(ANW) Modified on 12/6/2022 (ANW). |
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TEXT ORDER entered by Chief Judge Sara Darrow on February 1, 2023. Plaintiff Robert Juarez has filed a #4 motion to dismiss, which the Court construes as a notice of dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i). No Defendant has filed an answer or a motion for summary judgment, so the #4 motion is MOOT. The Clerk is directed to close the case. (AAK)