Penaloza-Valencia v. Spindel et al
| Daniel Penaloza-Valencia |
| Ndife, Spindel, Bureau of Prisons and Brij Mohan |
| 1:2019cv03375 |
| May 20, 2019 |
| US District Court for the Northern District of Illinois |
| Robert W Gettleman |
| Civil Rights (Prison Condition) |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on July 15, 2019. A more recent docket listing may be available from PACER.
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| Filing 12 MINUTE entry before the Honorable Robert W. Gettleman: Status hearing set for 8/8/2019 is stricken and reset to 8/15/2019 at 9:00 a.m. Mailed notice (cn). |
| Filing 11 MAIL RETURNED, for document #10 sent to Daniel Penaloza-Valencia returned as undeliverable, return to sender. No new contact information received. (lma, ) |
Filing 10
ORDER: Plaintiff, a federal prisoner, is serving a sentence of incarceration at the Metropolitan Correctional Center, and will then be subject to deportation. See United States v. Penaloza-Valencia, 17 CR 655-1 (N.D. Ill.) (Chang, J.). His pro se complaint concerns treatment including surgery at an outside hospital-for an eye condition that, according to Plaintiff, led to a loss of vision in his right eye. As Plaintiff has not yet requested attorney representation, the Court recently gave him a chance to do so. Simultaneously, given the nature of Plaintiff's allegations, the Court asked a member of its staff to contact Plaintiff's counsel in his criminal case. Plaintiff's allegations merit prompt investigation so the Court, on its own motion, requests that Adam Wiers, Jones Day, 77 West Wacker Drive, Chicago, Illinois 60601, awwiers@jonesday.com, assist Plaintiff in accordance with counsel's trial bar obligations under the District Courts Local Rule 83.37 (N.D. Ill.). Counsel should help Plaintiff complete an in forma pauperis application for the purpose of confirming that Plaintiff is financially eligible for recruited counsel. Recruited counsel falls within the class of users listed in the Electronic Public Access fee schedule adopted by the Judicial Conference of the United States and thus shall be exempt from the payment of fees for access via PACER to the electronic case files maintained in this court for this case. Recruited counsel is directed to open a separate PACER account to be used for this case, and fees are exempt for this case only. Recruited counsel shall not be exempt from the payment of fees incurred in connection with other uses of the PACER system in this court. This exemption is valid immediately and for the duration of counsel's participation in this matter. This exemption may be revoked at the discretion of the Court at any time. Counsel shall contact the PACER Service Center at 1-800-676 6856 or via the link below to create the new PACER account and to make any necessary arrangements for the waiver. The Clerk is directed to send a copy of this order to: (1) the PACER Service Center at http://www.pacer.psc.uscourts.gov /register.html; (2) the Systems Department of the Northern District of Illinois; (3) attorney Wiers; and (4) Plaintiff. This case is set for status on August 8, 2019, at 9:30 a.m. Signed by the Honorable Robert W. Gettleman on 6/26/2019. Mailed notice (tt, )
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| MAILED copy of order dated 6/26/19 #10 to plaintiff. Additionally, mailed copy of order #10 to attorney Wiers. (tt, ) |
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Filing 9
ORDER: Plaintiff, a federal prisoner, is serving a sentence of incarceration at the Metropolitan Correctional Center. See United States v. Penaloza-Valencia, 17 CR 655-1 (N.D. Ill.) (Chang, J.). His pro se complaint concerns treatment-including surgery at an outside hospital-for a pterygium (a tissue growth on the cornea of the eye). Plaintiff's allegations end in October 2018, but the gist of his submissions is that the treatment caused him "to lose his vision in his right eye." By order dated May 22, 2019 #6 , the Court directed Plaintiff to pay the $400 filing fee or seek leave to pay the fee in installments. Plaintiff paid the fee and submitted an amended complaint that is substantially similar to the original complaint. He has not sought attorney representation. Before the Court screens the amended complaint, it will give Plaintiff a chance to request attorney representation so the Court can screen the complaint and consider any request for counsel at the same time. Accordingly, if Plaintiff wants to ask the Court to recruit counsel at this stage of the proceedings, he must file a motion for attorney representation and a motion for leave to proceed in forma pauperis so the Court can determine if he is financially eligible for Court-recruited counsel. Plaintiff is advised that he must carefully and accurately complete the in forma pauperis application, which calls for financial information during the past twelve months. He must also attach a certified copy of his trust fund account statement for the last six months. If Plaintiff does not comply by July 9, 2019, the Court will screen his complaint in the normal course. The Clerk is directed to send Plaintiff a copy of this order, along with an in forma pauperis application and the Court's form for motions for attorney representation. Signed by the Honorable Robert W. Gettleman on 6/18/2019:Mailed notice(tt, )
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| MAILED plaintiff copy of order dated 6/18/19 #9 along with an in forma pauperis application and the Court's form for motions for attorney representation. (tt, ) |
| Filing 8 AMENDED complaint by Daniel Penaloza-Valencia against Bureau of Prisons, Brij Mohan, Ndife, Spindel (Envelope postmarked 5/16/2019 - institution mail room 5/16/2019) (pk, ) . |
| MAILED Copy of Order dated 5/22/19 w/IFP Application to Daniel Penaloza - Valencia. (gcy, ) |
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Filing 6
ORDER: Plaintiff has submitted a complaint #1 but did not prepay the filing fee or file an application for leave to proceed in forma pauperis. By June 21, 2019, Plaintiff must either: (1) submit a completed application for leave to proceed in forma pauperis that includes the documentation and certified trust account documents described below; or (2) pay the full statutory filing fee of $400. If he does not comply, the Court will summarily dismiss this case. The Clerk is directed to send Plaintiff a blank application to proceed in forma pauperis, along with a copy of this order. Signed by the Honorable Robert W. Gettleman on 5/22/2019. Mailed notice.(gcy, )
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| Filing 5 RECEIVED Amended Complaint and 0 copies by Daniel Penaloza-Valencia. (Envelope Postmark date 5/16/19). (gcy, ) |
| Filing 4 NOTICE of Correction regarding docket entry #2 (pk, ) |
| Filing 3 PRISONER CIVIL Cover Sheet (pk, ) |
| Filing 2 Entered in Error (pk, ) Modified on 5/21/2019 (pk, ). |
| Filing 1 RECEIVED Complaint and no copies by Daniel Penaloza-Valencia (Attachments: #1 Envelope postmarked 4/30/2019- institutional mail room 4/30/2019)(pk, ) |
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