Gardner et al v. State of Illinois
| Omar Gardner and William Gardner |
| State of Illinois, Count County Circuit Court, Domenica Stephenson, Margaret O'Brien, Illinois Appellate Court and Menard Correctional Center Warden |
| 1:2021cv06090 |
| November 15, 2021 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Prisoner: Mandamus & Other |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 10, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 10 MAIL RETURNED, for blank habeas petition form and a blank in forma pauperis application sent to Omar Gardner returned as undeliverable, return to sender. No new contact information received. (jf, ) |
| MAILED a blank habeas petition form and a blank in forma pauperis application to Plaintiff Omar Gardner's address of record. (bg, ) |
| Filing 9 ENTERED JUDGMENT Signed by the courtroom deputy on 12/14/2021. Emailed notice (mw, ) |
| Filing 8 MINUTE entry before the Honorable Edmond E. Chang: On review of the proposed Amended Complaint, R. 7, the complaint is dismissed again, this time with prejudice. In the prior Order, R. 6, the Court explained why a money-damages claim cannot proceed against the State of Illinois and state judges. The original complaint sought "gold and silver," R. 1 at 5. The Court also explained that a civil-rights claim cannot be a substitute for a habeas petition. R. 6. It appears that the Amended Complaint completely switches gears and now asks for habeas relief. But that is an entirely different claim, and the Plaintiffs must file a new case. The Clerk's Office shall mail a blank habeas petition form and a blank in forma pauperis application to Plaintiff Omar Gardner's address of record. Omar Gardner can try to submit a habeas petition, but the filing fee is $5, so he should evaluate whether he can afford that fee (if not, then he can file an in forma pauperis application with the new case). Omar Gardner should **not** write this case number on the habeas petition. Separately, the Court notes that William Gardner, again named as a co-Plaintiff, did **not** sign the Amended Complaint (nor the original one). If Omar Gardner is not a licensed lawyer (the Illinois ARDC Lawyer Search function shows no results for that name), then he **cannot** represent another person in federal court. And if Omar Gardner is not in custody under a sentence (the Illinois IDOC inmate locator suggests that he is not), that will be another obstacle to a habeas petition. In any event, if Omar Gardner files a petition, then the assigned judge will handle the petition as that judge sees fit. A separate AO-450 judgment will be entered. The tracking status hearing of 12/17/2021 is vacated. Civil case terminated. Emailed notice (mw, ) |
| Filing 7 AMENDED complaint by Omar Gardner (Exhibits) (bg, ) |
Filing 6
ORDER signed by the Honorable Edmond E. Chang. For the reasons stated in the Order, the motion #4 to proceed in forma pauperis is granted in light of indigency. But the complaint does not survive screening review and is dismissed, without prejudice for now. If Omar Gardner can somehow fix the complaint, then he must file a proposed amended complaint by 12/10/2021. If no amended complaint is filed by the deadline, then the dismissal will automatically convert to a dismissal with prejudice. The motion for attorney representation, R. 5, is denied without prejudice. To track the case only (no appearance is required), a tracking status hearing is set for 12/17/2021, at 8:30 a.m., but to track the case only (the case will not be called). The Clerk shall also terminate William Gardner as a co-Plaintiff. Mailed notice (mw, )
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| Filing 5 MOTION by Plaintiff Omar Gardner for attorney representation (bg, ) |
| Filing 4 APPLICATION by Plaintiff Omar Gardner for leave to proceed in forma pauperis (bg, ) |
| Filing 3 PRO SE Appearance by Plaintiff Omar Gardner (bg, ) |
| Filing 2 CIVIL Cover Sheet (bg, ) |
| Filing 1 RECEIVED Complaint and 0 copies by Omar Gardner (bg, ) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (bg, ) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Jeffrey I. Cummings. Case assignment: Random assignment. (bg, ) |
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