Taylor v. Superentendant of Division 10 et al
| Michael Taylor |
| Superentendant of Division 10, Hernandez, Librian and Luellar |
| 1:2019cv06653 |
| October 7, 2019 |
| US District Court for the Northern District of Illinois |
| John J Tharp |
| Civil Rights (Prison Condition) |
| 42 U.S.C. § 1983 |
| Plaintiff |
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Filing 12
ORDER Signed by the Honorable John J. Tharp, Jr on 11/22/2019: Despite this case's short lifespan, the Clerk and Court have repeatedly been required toresend mail to the plaintiff because mailings have been returned as undeliverable. The Clerk originally sent the case acknowledgement packet to the Cook County Jail, as Plaintiff was detained there when he initiated this action (try #1). After Plaintiff said he had been paroled and provided a residential address #5 , the postal service returned the packet as undeliverable so the Clerk resent it to the residential address (try #2). By order dated October 31, 2019 #7 , the Court directed Plaintiff to pay the filing fee or redo his in forma pauperis application by December 6, 2019, warned him that this case would be dismissed if he failed to comply, and advised him that the case would be subject to immediate dismissal if he did not keep his address current. The Clerk sent this order to Plaintiff's address of record (the residential address), but on November 7, 2019, the packet came back yet again so the Clerk resent it to Stateville Correctional Center's Northern Reception and Classification Center (NRC) since the IDOC inmate locator indicated he was in custody there(try #3). Later on November 7, 2019, the Court received a change-of-address notice from Plaintiff #9 stating that he had been moving back and forth between Cook County Jail and the NRC and asking the Court to send mail to him at the Jail. Because Plaintiff's location appeared to be in flux, by order dated November 12, 2019 #10 , the Court directed the Clerk to resend the October 31,2019 order to Plaintiff at both the Jail and the NRC, extended the date for Plaintiff to comply to December 20, 2019, and again warned Plaintiff that this case would be dismissed if he failed to comply or failed to keep his address current. This order crossed in the mail with a letter from Plaintiff updating his address to the NRC and complaining that the only communication he hadreceived was the case opening packet. This is unacceptable. Plaintiff is responsible for keeping his address current, and must immediately submit a change-of- address notice each time he moves. Clerk's Office and Court staff are not required to attempt to track his whereabouts (to the extentthis is even possible) or send case materials to him repeatedly. Further mail issues caused by Plaintiff's delay in updating his address will not excuse non-compliance with orders issued in this case.Mailed notice(air, )
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| Filing 11 NOTICE by Michael Taylor of Change of Address (Attachment) (Envelope postmarked 11/14/2019) (bg, ) |
| MAILED another copy of the October 31, 2019 order #7 and a blank application to proceed in forma pauperis to Plaintiff at both the Jail and the NRC. (ph, ) |
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Filing 10
ORDER: Shortly after initiating this lawsuit from the Cook County Jail, Plaintiff submitted a change-of-address notice stating that he had been paroled. By order dated October 31, 2019 #7 , which was sent to the residential address Plaintiff had provided, the Court denied Plaintiff's application for leave to proceed in forma pauperis without prejudice, ordered him to submit a renewed application or prepay the full statutory $400 filing fee, and warned him that if he did not comply by December 6, 2019, the Court would summarily dismiss this case. The Court also placed Plaintiff on notice that failure to update his address promptly would subject this case to dismissal with no further warning. In the meantime, the U.S. Postal Service returned the case acknowledgement letter, which had been sent to Cook County Jail, as undeliverable #8 . Although the Clerk is not required to attempt to locate litigants, on November 7, 2019, the Clerk resent the case acknowledgement letter to Plaintiff at the Stateville Correctional Center's Northern Reception and Classification Center (NRC) because the Illinois Department of Corrections inmate locator indicated he was incarcerated there. On the same day, November 7, 2019, the Court also received a change-of-address notice from Plaintiff #9 stating that he has been moving back and forth between Cook County Jail and the NRC and that he expected to be at the Jail through at least November 26, 2019, and asking the Court to send mail to him at the Jail under detainee no. 2019-0724053. Because Plaintiff's location appears to be in flux, the Clerk is directed to send another copy of the October 31, 2019 order #7 and a blank application to proceed in forma pauperis to Plaintiff at both the Jail and the NRC. The Court will extend the date for Plaintiff to comply with the October 31, 2019 order from December 6, 2019, to December 20, 2019. If Plaintiff does not comply, the Court will summarily dismiss this case. Plaintiff is also reminded that if he fails to update his address promptly each and every time it changes while this case is pending, this case will be subject to dismissal with no further warning. Signed by the Honorable John J. Tharp, Jr on 11/12/2019. Mailed notice (ph, )
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| Filing 9 LETTER from Michael Taylor dated 10-31-2019. (Envelope postmarked 11/1/2019) (Document does not contain case number) (ph, ) |
| Filing 8 MAIL RETURNED, for case acknowledgment letter sent to Michael Taylor returned as undeliverable, return to sender. New address found, re-mailed to Stateville - STV, P.O. Box 112, Joliet, IL 60434 (jg, ) |
| MAILED a blank application to proceed in forma pauperis and a copy of order #7 dated 10/31/2019 to Plaintiff. (ph, ) |
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Filing 7
ORDER: Plaintiff's application for leave to proceed in forma pauperis #3 is denied without prejudice. Plaintiff must either (a) submit a renewed application for leave to proceed in forma pauperis, as detailed in this order, or (b) pay the statutory $400 filing fee. If Plaintiff does not comply by December 6, 2019, the Court will summarily dismiss this case. Plaintiff's motion for attorney representation #4 is denied without prejudice as while Plaintiff represents that he contacted three attorneys and could not find an attorney due to "lack of money," it is unclear if he has received any responses yet, Pickett v. Chicago Transit Auth., 930 F.3d 869, 871 (7th Cir. 2019) (citing Pruitt v. Mote, 503 F.3d 647, 654 (7th Cir. 2007) (en banc)), and in any event, it is too early to determine if recruitment of counsel is warranted. The Clerk is directed to send a blank application to proceed in forma pauperis and a copy of this order to Plaintiff, who is reminded that if he fails to update his address promptly if it changes again, this case will be subject to dismissal with no further warning. Signed by the Honorable John J. Tharp, Jr on 10/31/2019. Mailed notice (ph, )
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| Filing 6 MAIL RETURNED, for case opening acknowledgement letter sent to Michael Taylor returned as undeliverable, return to sender. New address found, re-mailed to 1143 Lathrop Ave., #11, Forest Park, IL 60130 (ecw, ) |
| Filing 5 NOTICE by Michael Taylor of Change of Address. (ph, ) |
| Filing 4 MOTION by Plaintiff Michael Taylor for attorney representation. (ph, ) |
| Filing 3 APPLICATION by Plaintiff Michael Taylor for leave to proceed in forma pauperis. (Exhibits) (ph, ) |
| Filing 2 PRISONER CIVIL Cover Sheet. (ph, ) |
| Filing 1 RECEIVED Complaint and no copies by Michael Taylor. (Envelope postmarked 10/2/2019) (ph, ) |
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