Johnson v. Leffler et al
| Mark Johnson |
| Bryan Leffler, J Johnson, Martin Matherly, Jamar A Range, . Miller, P Lavin, Jason Gaiza, Mark N Williams, L Weitekamp, Rob Jeffreys, Nellie Boone, Casey Spitzig and Brittany Greene |
| 4:2023cv04147 |
| September 5, 2023 |
| US District Court for the Central District of Illinois |
| Joe Billy McDade |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 10 PETITION TO PROCEED IN FORMA PAUPERIS filed by Mark Johnson.(AH) |
| Filing 9 +++ PRISONER TRUST FUND LEDGER by Mark Johnson (AH) |
| Filing 8 MOTION to Request Counsel by Plaintiff Mark Johnson. Responses due by 10/16/2023 (AH) |
| Filing 7 MOTION for Leave to File Amended Complaint by Plaintiff Mark Johnson. Responses due by 10/16/2023 (Attachments: #1 Amended Complaint)(AH) |
| Prisoner Initial Partial Filing Fee received 10/2/2023, in the amount of $ 3.05; receipt number PIA100003231. (AH) |
Filing 6
TEXT ORDER entered by Judge Joe Billy McDade on 9/7/2023. Plaintiff, who is proceeding pro se, has filed a Complaint #1 under 42 U.S.C. Sec 1983 consisting of 48 handwritten pages plus 220 pages of accompanying exhibits. The complaint is jumbled, quotes dozens of cases to the extent that at times it is difficult to tell whether Plaintiff is alleging occurrences or is simply quoting caselaw, and also appears to duplicate certain allegations many times. This type of narrative fails to comply with Fed. R. Civ. P. 8(a)(2), which provides that a pleading must contain a short and plain statement showing that the pleader is entitled to the relief sought. This complaint is neither short nor plain and fails to provide effective notice of the claims potentially asserted against Defendants. Killingsworth v. HSBC Bank Nev., N.A., 507 F.3d 614, 618 (7th Cir. 2007). It also places an unreasonable burden on the Court to parse such a lengthy handwritten narrative to determine which claims, if any, have merit. See Kadamovas v. Stevens, 706 F.3d 843, 844 (7th Cir. 2013) ("District judges are busy, and therefore have a right to dismiss a complaint that is so long that it imposes an undue burden on the judge, to the prejudice of other litigants seeking the judge's attention."). Plaintiff seeks to sue 13 Defendants. From Plaintiff's complaint the Court cannot tell if Plaintiff's allegations against different Defendants are related. Plaintiff must follow the federal joinder rules. "Joinder that requires the inclusion of extra parties is limited to claims arising from the same transaction or series of related transactions." Wheeler v. Wexford Health Sources, Inc., 689 F.3d 680, 683 (7th Cir. 2012). "To be precise: a plaintiff may put in one complaint every claim of any kind against a single defendant, per Rule 18(a), but a complaint may present claim #1 against Defendant A, and claim #2 against Defendant B, only if both claims arise 'out of the same transaction, occurrence, or series of transactions or occurrences.'" Wheeler v. Wexford Health Sources, Inc., 689 F.3d 680, 683 (7th Cir. 2012) (quoting Rule 20(a)(1)(A)). Plaintiff's complaint #1 is DISMISSED, without prejudice, for failure to comply with Federal Rule of Civil Procedure 8(a)(2). Plaintiff is given leave to file an amended complaint within 30 days of this Order. Plaintiff's amended complaint will replace his complaint in its entirety and must contain all allegations against each Defendant consistent with the rules for joinder stated in this order. Plaintiff does not need to quote caselaw. He simply needs to state what happened and who was responsible for the occurrences he complains of. Piecemeal amendments are not accepted. Failure to file a timely amended complaint, and in substantial compliance with this order, will result in the dismissal of this case with prejudice for failure to state a claim, and under Rule 41(b) of the Federal Rules of Civil Procedure. The Clerk is DIRECTED to send Plaintiff a blank Section 1983 complaint form. (KE) Modified on 9/7/2023 to correct typographical error. (KE).
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| Filing 5 MOTION to Request Counsel by Plaintiff Mark Johnson. Responses due by 9/19/2023 (SAG) |
| Filing 4 +++ PRISONER TRUST FUND LEDGER by Mark Johnson (SAG) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Mark Johnson.(SAG) |
| Filing 2 NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Joe Billy McDade. 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 9/25/2023. (Attachments: #1 Notice Regarding Privacy Issues)(SAG) |
| Filing 1 COMPLAINT against All Defendants, filed by Mark Johnson. (Attachments: #1 Exhibits part 1, #2 Exhibits part 2, #3 Exhibits part 3, #4 Exhibits part 4)(SAG) |
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TEXT ORDER granting #3 Petition to Proceed In Forma Pauperis. Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $3.05. The agency having custody of Plaintiff is directed to forward the initial partial filing fee from Plaintiff's account to the Clerk of Court within 30 days of this order. After payment of the initial partial filing fee (or immediately if no funds are available for that payment) the agency having custody of Plaintiff shall 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, including gifts. 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, and to Plaintiff. Prisoner Prepayment due by 10/5/2023. Entered by Judge Joe Billy McDade on 9/5/2023. (SAG)
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