Springs v. Durtch et al
| Ryan Springs |
| . Stodolkiewicz, Jason Lippens, Robert Helton, . Durtch, Nellie Boone, Department of Corrections, Wexford Health Sources Incorporated, . Humes, Richard Fields, Jon Doe, State of Illinois and . Ledbetter |
| 4:2024cv04200 |
| November 1, 2024 |
| U.S. District Court for the Central District of Illinois |
| James E Shadid |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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| Filing 15 AMENDED COMPLAINT against All Defendants, filed by Ryan Springs.(ANW) |
TEXT ORDER entered by Judge James E. Shadid on 12/5/2024. Plaintiff files a Motion to Address the Court #9 stating that he believes he will be unable to effectively litigate this case because IDOC staff members allegedly open his incoming and outgoing legal mail. Plaintiff also states he has limited access to the law library. Plaintiff asks the Court to consider appointing an attorney to represent him. Plaintiff states he wrote to several attorneys, but they either denied his request or did not respond. The Court notes Plaintiff also filed a separate Motion to Request Counsel #13 . Plaintiff has no constitutional or statutory right to the appointment of counsel in this case, and the Court cannot require an attorney to accept pro bono appointment in a civil case. The most the Court can do is ask for volunteer counsel. See Jackson v. Cnty. of McLean, 953 F.2d 1070, 1071 (7th Cir. 1992). The Court must first consider if the indigent plaintiff made a reasonable attempt to obtain counsel or was effectively precluded from doing so. Pruitt v. Mote, 503 F.3d 647, 654 (7th Cir. 2007) (citing Farmer v. Haas, 990 F.2d 319, 322 (7th Cir. 1993)). "This is a mandatory, threshold inquiry that must be determined before moving to the second inquiry." Eagan v. Dempsey, 987 F.3d 667, 682 (7th Cir. 2021) (citing Davis v. Moroney, 857 F.3d 748, 753 (7th Cir. 2017)). Plaintiff states he wrote to nine attorneys but none of them agreed to represent him. Plaintiff did not attach any of the letters he purportedly sent to or received from prospective counsel. Plaintiff has not demonstrated a reasonable effort to find counsel. #9 and #13 are DENIED. If Plaintiff renews his Motion to Request Counsel, he must include copies of letters he sent to or received from counsel. Finally, Plaintiff's Motion for Leave to File Amended Complaint #12 is GRANTED. The Clerk is hereby directed to file the Second Amended Complaint and set the merit review deadline 30 days out. The Clerk is directed to strike Plaintiff's Motion for Leave to File Amended Complaint at Doc. #11 as it was incomplete and was docketed again with the accompanying exhibits at Doc. #12 .(ANW)
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| Filing 14 Exhibits by Ryan Springs. (SAG) |
| Filing 13 MOTION to Request Counsel by Plaintiff Ryan Springs. Responses due by 12/11/2024 (JS) |
| Filing 12 MOTION for Leave to File Amended Complaint by Plaintiff Ryan Springs. Responses due by 12/11/2024 (JS) |
| Filing 11 STRICKEN pursuant to 12/5/24 Text Order - MOTION for Leave to File Amended Complaint by Plaintiff Ryan Springs. Responses due by 12/11/2024. (GL) Modified on 12/10/2024 to strike (ANW). |
| Filing 10 DECLARATION in support of #9 MOTION to Address the Court by Ryan Springs. (JS) |
| Filing 9 MOTION to Address the Court by Plaintiff Ryan Springs. Responses due by 12/9/2024 (JS) |
| Filing 8 Remark: blank complaint form attached pursuant to 11/22/24 Text Order (ANW) |
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TEXT ORDER entered by Judge James E. Shadid on 11/22/2024. On 11/4/2024, the Court entered an Order striking Plaintiff's unsigned Complaint and directed Plaintiff to file a signed Amended Complaint within 21 days. Marcure v. Lynn, 992 F.3d 625 (7th Cir. 2021) (district courts must strike unsigned pleadings). Plaintiff now files a Motion to Sign Complaint and Motion to Request Counsel #7 asking the Court to accept a page with his signature on it as a signature for his Complaint. (Doc. #7 at p. 5). The Court cannot accept Plaintiff's signature page and incorporate it into the Complaint. See Spreck v. U.S. Veterans Admin., 67 F. App'x 963, 964 (7th Cir. 2003) (Courts are "not required to incorporate [a plaintiff's] revised caption into an earlier submitted complaint and accept the complaint piecemeal"). Plaintiff must file a signed Amended Complaint containing all claims against all parties. Under Federal Rule of Civil Procedure 8, a complaint must include "a short and plain statement of the claim showing the pleader is entitled to relief." Fed. R. Civ. P. 8(a)(2). The purpose of this rule is to "give defendants fair notice of the claims against them and the grounds for supporting the claims." Stanard v. Nygren, 658 F.3d 792, 797 (7th Cir. 2011) (citation omitted); Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007). Plaintiff's original Complaint #1 consisting of 24 handwritten pages and approximately 226 pages of exhibits does not comply with Rule 8. Plaintiff is advised that he does not need to attach exhibits to his Amended Complaint. Fitzgerald v. Dep't of Corr., 07-C-61-C, 2007 WL 951861, at *1 (W.D. Wis. Mar. 26, 2007) (Exhibits are not necessary to the complaint, and the Court is not required to consider them at the pleading stage.). Plaintiff must file a signed Amended Complaint within 21 days of this Order. Failure to file a signed Amended Complaint by December 13, 2024, will result in the dismissal of this case without prejudice. Plaintiff also asks the Court to appoint counsel to represent him. Plaintiff states he needs an attorney to assist him with the discovery process; he has limited access to the law library due to frequent lockdowns; and he is only able to purchase paper, pens, and envelopes from commissary once a month. Plaintiff does not indicate that he made a reasonable attempt to obtain counsel or was effectively precluded from doing so. Pruitt v. Mote, 503 F.3d 647, 654 (7th Cir. 2007) (citing Farmer v. Haas, 990 F.2d 319, 322 (7th Cir. 1993)). Therefore, Plaintiff's Motion to Request Counsel is denied with leave to renew. If Plaintiff renews his request for counsel, he must include a list of the attorneys or law firms he contacted and copies of letters he sent to or received from prospective counsel. #7 is DENIED. Plaintiff also filed a Motion to Prepay for Copies #5 requesting a copy of all the pleadings he filed in this case. Plaintiff states he submitted his only copy of his documents to the Court because he feared prison staff would retaliate against him by confiscating his legal documents. The charge for copies is $.50 per page, and Plaintiff may contact the Clerk's Office to request and pay for any copies he desires. #5 is DENIED. The Clerk is DIRECTED to send Plaintiff a blank section 1983 complaint form. (ANW)
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| Prisoner Initial Partial Filing Fee received 11/22/24, in the amount of $ 4.88; receipt number ROC4000001020 (ANW) |
| Filing 7 MOTION to Sign Complaint and MOTION to Request Counsel by Plaintiff Ryan Springs. Responses due by 12/3/2024 (JS) |
| Filing 6 +++ PRISONER TRUST FUND LEDGER (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 $4.88. 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 12/9/2024. Entered by Judge James E. Shadid on 11/7/2024. (SAG)
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TEXT ORDER entered by Judge James E. Shadid on 11/4/24. District Courts must strike unsigned pleadings. Marcure v. Lynn, 992 F.3d 625 (7th Cir. 2021). On 11/1/24, Plaintiff filed his Complaint #1 , Petition to Proceed in Forma Pauperis #3 , and Motion to Prepay for Copies #5 . Though his motions are signed, the Complaint is not signed, and the Clerk is therefore directed to STRIKE it. Plaintiff is allowed 21 days to file a signed Amended Complaint. Failure to do so will result in dismissal of this action without prejudice.(ANW)
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| Filing 5 MOTION to Prepay for Copies by Plaintiff Ryan Springs. Responses due by 11/15/2024 (SAG) |
| Filing 4 +++ PRISONER TRUST FUND LEDGER by Ryan Springs (SAG) |
| Filing 3 PETITION TO PROCEED IN FORMA PAUPERIS, filed by Ryan Springs.(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 11/21/2024. (Attachments: #1 Notice Regarding Privacy Issues)(SAG) |
| Filing 1 STRICKEN pursuant to 11/4/24 Text Order - COMPLAINT against All Defendants, filed by Ryan Springs. (Attachments: #1 part 2, #2 part 3)(SAG) Modified on 11/4/2024 to strike (ANW). |
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