Rogers v. Illinois Department of Corrections et al
| Udell Rogers |
| Illinois Department of Corrections, Residents' Benefit Fund and State of Illinois |
| 1:2023cv03201 |
| May 20, 2023 |
| US District Court for the Northern District of Illinois |
| John J Tharp |
| Other Fraud |
| 28 U.S.C. ยง 1331 Federal Question |
| Plaintiff |
Docket Report
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| MAILED orders dated 6/13/2023 to plaintiff (rp, ) |
| Filing 10 JUDGMENT ORDER. Signed by the Honorable John J. Tharp, Jr on 6/13/2023. Mailed notice (rp, ) |
Filing 9
ORDER: For the reasons set forth in the Statement below, the Court grants the plaintiff's renewed application for leave to proceed in forma pauperis #7 . The plaintiff may proceed without prepayment of the filing fee. The Court finds, however, that the plaintiff's complaint fails to state a claim and dismisses it with prejudice. Accordingly, the plaintiff's motion for attorney representation is denied as moot. Civil Case Terminated. See statement for details. Signed by the Honorable John J. Tharp, Jr on 6/13/2023. Mailed notice (rp, )
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| Filing 8 MOTION by Plaintiff Udell Rogers to resubmit/refile forma pauperis/waiver of fees (Exhibits) (rp, ) |
| Filing 7 MOTION by Plaintiff Udell Rogers to resubmit/refile forma pauperis/waiver of fees (Exhibits) (rp, ) |
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Filing 6
ORDER: The plaintiff's application for leave to proceed in forma pauperis #3 is denied without prejudice. The application does not list the plaintiff's date of last employment or last monthly take home pay. There is no explanation as to how the plaintiff can subsist on a regular basis (food, shelter, utilities, rent) with no money in a bank account, calling the form's accuracy and completeness into doubt. Plaintiff's motion for attorney representation #4 is also denied without prejudice. The plaintiff has not provided evidence that (1) he employed reasonably diligent efforts to secure counsel and (2) he cannot competently litigate the case herself per Pruitt v. Mote, 503 F.3d 647 (7th Cir. 2007) (en banc). Plaintiff has made no showing as to the latter requirement. Further, Plaintiff has some college education and has authored a complaint that coherently sets forth his claims. Attorney representation is therefore unwarranted at this stage. Plaintiff must refile an in forma pauperis application or pay the full filing fee by 6/20/2023. Signed by the Honorable John J. Tharp, Jr on 5/25/2023. Mailed notice (rp, )
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| 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. (rp, ) |
| CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (rp, ) |
| Filing 4 MOTION by Plaintiff Udell Rogers for attorney representation (rp, ) |
| Filing 3 APPLICATION by Plaintiff Udell Rogers for leave to proceed in forma pauperis (rp, ) |
| Filing 2 CIVIL Cover Sheet (rp, ) |
| Filing 1 RECEIVED Complaint and no copies by Udell Rogers (Exhibits) (rp, ) |
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