Stephens v. Steel et al
| Dewaun C Stephens |
| Shane Doe, Waukegan Steel and Wesley Love |
| 1:2020cv02871 |
| May 13, 2020 |
| US District Court for the Northern District of Illinois |
| Elaine E Bucklo |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 10, 2020. A more recent docket listing may be available from PACER.
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Filing 15
ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk9, Docket)
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Filing 14
ORDER: Plaintiff's renewed motion for leave to proceed in forma pauperis [R. 13] is denied as moot. The Court already granted Plaintiff leave to proceed in forma pauperis by Order of June 22, 2020 [R. 10]. Plaintiff's motion for an extension of time to file a state tort claim [R. 12] is denied for lack of jurisdiction. As discussed more fully in its prior order, Plaintiff's clam is not actionable under 42 U.S.C. 1983 because the matter involves neither a state actor defendant nor a constitutional violation. Id. at p. 3. This Court can hear only federal claims in the absence of diversity jurisdiction. Id. at pgs. 3-4. The Court could entertain a state tort claim only if Plaintiff had a related federal cause of action. Plaintiff has until August 22, 2020, to submit an amended complaint if he believes that he can state facts to support a federal cause of action. Id. at pgs. 1, 4. The Court has no authority to extend state court deadlines. If Plaintiff concedes that he has no viable federal claim, then he should re-file suit in the state court system as soon as he is able to do so in order to avoid the statute of limitations extinguishing a cause of action under state tort law. Signed by the Honorable Elaine E. Bucklo on 7/8/2020. Mailed notice. (mgh, )
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Filing 10
ORDER: Plaintiff's motion for leave to proceed in forma pauperis [R. 8] is granted. The Court authorizes and orders the trust fund officer at Plaintiff's place of incarceration to deduct $76.07 from Plaintiff's account for payment to the Clerk of Court as an initial partial payment of the filing fee, and to continue making monthly deductions in accordance with this order. The Court directs the Clerk to forward copies of this order to the Fiscal Department, and to the trust account office at Plaintiff's place of confinement. However, summonses shall not issue at this time. The complaint on file [R. 1] is dismissed without prejudice. The Court grants Plaintiff the opportunityto submit an amended complaint if he believes he can state facts to support a federal cause of action. Failure to submit an amended complaint by August 22, 2020, will result in dismissal of this lawsuit, without prejudice to refiling suit in state court. The Court directs the Clerk to mail Plaintiff an amended complaint form, instructions, and three blank USM-285 (Marshals service)forms. Plaintiff's motion for attorney representation [R. 9] is denied, without prejudice. Signed by the Honorable Elaine E. Bucklo on 6/22/2020. Mailed notice(gcy, )
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| MAILED certifid copy of Order dated 6/22/20 to Supervisor of Inmate Trust Fund Account - Sheridan Correctional Center. (gcy, ) |
| MAILED Copy of Order dated 6/22/20 w/Amended Complaint Form/Instructions/ 3 USM-285 form to Dewaun C. Stephens. (gcy, ) |
| Filing 13 APPLICATION by Plaintiff Dewaun C Stephens for leave to proceed in forma pauperis and affidavit. (Envelope postmark date 6/11/20). (gcy, ) |
| Filing 12 MOTION by Plaintiff Dewaun C Stephens for extention of time to file state tort claim. (Envelope postmark date 6/11/20). (gcy, ) |
| Filing 11 LETTER from Dewaun C. Stephens dated 6/2/20. (Envelope postmark date 6/11/20). (gcy, ) |
| Filing 9 MOTION by Plaintiff Dewaun C Stephens for attorney representation. (Illegible Envelope postmark date). (gcy, ) |
| Filing 8 APPLICATION by Plaintiff Dewaun C Stephens for leave to proceed in forma pauperis and affidavit. (Illegible Envelope postmark date). (gcy, ) |
| Filing 7 LETTER from Dewaun c. Stephens dated 5/11/20. (Illegible Envelope postmark date). (gcy, ) |
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Filing 6
ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket11, )
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| Mailed copy of order dated 5/20/20 w/IFP Application to Plaintiff.(gcy, ) |
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Filing 5
ORDER: Plaintiff is granted until July 1, 2020, either to file an in forma pauperis application on the enclosed form with the information required by 28 U.S.C. 1915(a)(2) or pay the full $400 filing fee. The Court directs the Clerk to send Plaintiff an IFP application along with a copy of thisorder. Failure of Plaintiff to comply by the deadline will result in dismissal of this case. Signed by the Honorable Elaine E. Bucklo on 5/20/2020. Mailed notice(gcy, )
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| Filing 3 NOTICE by Dewaun C. Stephens. (jh, ) |
| Filing 2 PRISONER CIVIL Cover Sheet. (jh, ) |
| Filing 1 RECEIVED Complaint by Dewaun C. Stephens. (Attachments: #1 Envelope not Postmarked) (jh, ) |
| Filing 4 Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020:Mailed notice(jh, ) |
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