McDonald v. Cook County Department of Corrections et al
| Christopher O. McDonald |
| Cook County Department of Corrections, Sanitation and Environmental, Conditions/Plumber and Correctional Officer |
| 1:2022cv07276 |
| December 27, 2022 |
| US District Court for the Northern District of Illinois |
| Virginia M Kendall |
| Civil Rights (Prison Condition) |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on February 15, 2023. A more recent docket listing may be available from PACER.
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| Filing 7 ENTERED JUDGMENT. Civil case terminated. Mailed notice(lk, ) |
Filing 6
ORDER Signed by the Honorable Virginia M. Kendall on 2/15/2023. By order dated 1/18/23, the Court dismissed Plaintiff's complaint because it failed to state a claim on which relief could be granted but allowed Plaintiff leave to amend his pleading if he believed he could state a valid federal claim #5 . At that time, the Court warned Plaintiff that failure to submit an amended complaint by 2/8/23, would result in dismissal of this case for failure to state a claim. Plaintiff has not submitted an amended complaint to date. Accordingly, this case is dismissed with prejudice for failure to state a claim. See Dkt. #5 , 1/18/23 Order (discussing deficiencies in Plaintiff's complaint). The dismissal of this case counts as a dismissal under 28 U.S.C. 1915(g). See Paul v. Marberry, 658 F.3d 702, 704-05 (7th Cir. 2011). If Plaintiff accumulates three dismissals under 1915(g), he will not be able to file an action in federal court (except as a petition for habeas corpus relief) without prepaying the filing fee unless he demonstrates that he is in imminent danger of serious physical injury. See 1915(g). If Plaintiff wants to appeal this dismissal, he may file a notice of appeal in this Court within thirty days of the entry of judgment. Fed. R. App. P. 4(a)(1)(A). If Plaintiff chooses to appeal, he will be responsible for paying the $505 appellate filing fee irrespective of the outcome of the appeal. Evans v. Ill. Dep't of Corr., 150 F.3d 810, 812 (7th Cir. 1998). If the appeal is found to be non-meritorious, Plaintiff may accumulate another strike under 28 U.S.C. 1915(g). The Court directs the Clerk of Court to terminate all pending motions as moot and enter final judgment. Case closed. Mailed notice(lk, )
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| MAILED Christopher D. McDonald an amended civil rights complaint form and instructions, a blank USM-285 form, and a copy of order #5 . EMAILED a copy of order #5 to the trust fund supervisor at Plaintiff's current place of incarceration and the Court's Fiscal Department. (kl, ) |
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Filing 5
ORDER: Plaintiff's Application for Leave to Proceed In Forma Pauperis #3 is granted. The Court orders the trust fund officer at Plaintiff's place of incarceration to deduct $19.16 from Plaintiff's account for payment to the Clerk as an initial partial payment of the filing fee, and to continue making monthly deductions in accordance with this order (100% of Plaintiff's income, when it meets statutory minimums, must be devoted toward his filing fees). The Clerk is directed to send a copy of this order (electronically if possible) to the trust fund supervisor at Plaintiff's current place of incarceration and the Court's Fiscal Department. However, summons shall not issue. Plaintiff's Complaint #1 is dismissed without prejudice for failure to state a claim upon which relief can be granted. Plaintiff is granted until February 8, 2023, to submit an amended complaint and a completed USM-285 (Marshals service) form for each Defendant named in the amended complaint. If Plaintiff does not comply with this order, the Court will dismiss Plaintiff's lawsuit with prejudice for failure to state a claim. Plaintiff also must promptly submit a change-of-address notification if he is transferred to another facility or released. If Plaintiff fails to keep the Court informed of his address, this action may be subject to dismissal for failure to comply with a Court order and for failure to prosecute. The Clerk is directed to send Plaintiff an amended civil rights complaint form and instructions, a blank USM-285 form, and a copy of this order. The Court defers ruling on Plaintiff's Motion for Attorney Representation #4 pending submission of an amended complaint. Signed by the Honorable Virginia M. Kendall on 1/18/2023. Mailed notice. (kl, )
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| MAILED Clerk's Notice entry along with the Joint Consent Form to Christopher O. McDonald (kl, ) |
| 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. (kl, ) |
| Filing 4 MOTION by Plaintiff Christopher O. McDonald for attorney representation (kl, ) |
| Filing 3 APPLICATION by Plaintiff Christopher O. McDonald for leave to proceed in forma pauperis (Attachments) (kl, ) |
| Filing 2 PRISONER CIVIL Cover Sheet (kl, ) |
| Filing 1 RECEIVED Complaint and no copies by Christopher O. McDonald (Attachments) (Envelope not postmarked) (kl, ) |
| CASE ASSIGNED to the Honorable Virginia M. Kendall. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Direct assignment. (kl, ) |
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