Delgado v. Hughes et al
| David Delgado |
| Latoya Hughes, Mark Williams, Jason Garza, Laura Hensen, Tyrone Baker and Katherine Linboom |
| 4:2024cv04008 |
| January 12, 2024 |
| US District Court for the Central District of Illinois |
| Colin Stirling Bruce |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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| Document Text |
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| Filing 7 JUDGMENT entered. (KE) |
Filing 6
MERIT REVIEW ORDER entered by Judge Colin Stirling Bruce on 3/4/2024. Pursuant to the Court's Merit Review of Plaintiff's Complaint that is required by 28 U.S.C. Sec 1915A, the Court finds that Plaintiff's Complaint fails to state a claim upon which relief can be granted. In addition, the Court finds that any attempt by Plaintiff to amend his Complaint would be futile. Always Towing and Recovery, Inc. v. City of Milwaukee, 2 F.4th 695, 707 (7th Cir. 2021)(courts may deny leave to amend if an amendment would be futile); McCree v. Grissom, 657 F.3d 623, 624 (7th Cir. 2011) (leave to amend shall be granted where justice so requires, but leave to amend need not be given if an amendment to the complaint would be futile). Accordingly, the Clerk of the Court is directed to enter judgment in Defendants' favor and against Plaintiff. All other pending motions are denied as moot, and this case is terminated. All deadlines and settings on the Court's calendar are vacated. If he wishes to appeal this dismissal, 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). 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. If he chooses to appeal, Plaintiff will be liable for the $605.00 appellate filing fee regardless of the outcome of the appeal. See written order. (KE)
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| Filing fee: $ 405, receipt number 100003981 (FDS) |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 1/29/2024. Plaintiff's motion for an extension of time #5 is GRANTED, and Plaintiff has up to and including February 20, 2024, within which to pay the required filing fee in this case.(KE)
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| Filing 5 MOTION for Extension of Time by Plaintiff David Delgado. Responses due by 2/9/2024. (ED) |
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TEXT ORDER entered by Judge Colin Stirling Bruce on 1/25/2024. Plaintiff's motion to verify filing fee #4 is GRANTED. The Court has received Plaintiff's payment of $450.00 that he sent in order to satisfy the required filing fee in this case. However, because this amount is not the correct amount in order to pay the filing fee, the Court has returned that $450.00 check to Plaintiff and has included instructions on how to submit the proper filing fee in this case. (KE)
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| Filing 4 MOTION to Verify Filing Fee by Plaintiff David Delgado. Responses due by 2/7/2024 (RES) |
| Filing 3 Remark: Blank IFP attached pursuant to Text Order. (ANW) |
| Set/Reset Deadlines/Hearings: Prisoner Prepayment due by 2/2/2024 (ANW) |
| 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 2/1/2024. (Attachments: #1 Notice Regarding Privacy Issues)(ANW) |
| Filing 1 COMPLAINT against All Defendants, filed by David Delgado.(ANW) |
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TEXT ORDER Entered by Judge Colin Stirling Bruce on 1/12/24. Plaintiff has filed a Complaint but has not paid the $402 filing fee nor filed a petition to proceed in forma pauperis. Within 21 days of the entry of this order, Plaintiff must pay the $402 filing fee in full or file a petition to proceed in forma pauperis with attached trust fund ledgers for the last 6 months. Failure to comply without good cause will result in dismissal of this case without prejudice, and the Plaintiff will still be responsible for payment of the filing fee. See 28 U.S.C. Sec. 1914. The Clerk is directed to send Plaintiff the forms for proceeding in forma pauperis.(ANW)
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