Brewer v. Truitt et al
| Tyrone Brewer |
| Charles Truitt and Kenneth Osborne |
| 1:2023cv04480 |
| July 11, 2023 |
| U.S. District Court for the Northern District of Illinois |
| Rebecca R Pallmeyer |
| Civil Rights (Prison Condition) |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 8, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 8
ORDER: Plaintiff has paid the filing fee as ordered 6 . Having reviewed the Plaintiff's complaint #7 under 28 U.S.C. 1915A, the court concludes that it may proceed and hereby directs the Clerk of Court to: (1) issue summons for service of the complaint #7 on Defendants Warden Charles Truitt and Assistant Warden Kenneth Osborne; and (2) send Plaintiff 2 blank USM-285 (Marshals service) forms, a magistrate judge consent form, filing instructions, and a copy of this order. Plaintiff, who is not proceeding in forma pauperis, is not necessarily entitled to service at government expense, FED. R. CIV. P. 4(c)(3), and has not demonstrated that he cannot pay the required deposit to the U.S. Marshal. The court therefore directs that he arrange for service on Defendants. If Plaintiff elects to employ the Marshal for this purpose, he must return the USM-285 forms and pay the required deposit when requested by the Marshal. Failure to effect service by the deadline set forth by FED. R. CIV. P. 4(m) may result in dismissal. 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 case may be dismissed. Plaintiff's motion to attach #5 appears to be a motion for leave to amend Plaintiff's complaint. That motion is denied. Plaintiff may not amend his pleadings in a piecemeal fashion because an amended pleading supersedes the earlier pleadings. If he wishes to amend his complaint, Plaintiff must submit a complete amended complaint for the court's review pursuant to 28 U.S.C. 1915A. Signed by the Honorable Rebecca R. Pallmeyer on 9/8/2023. Mailed notice (rp, )
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| MAILED 2 blank USM-285 (Marshals service) forms, a magistrate judge consent form, filing instructions, and a copy of order dated 9/8/2023 to plaintiff (rp, ) |
| SUMMONS Issued, certified copy of order dated 9/8/2023 to the U.S. Marshal's Office for service as to Defendants Kenneth Osborne, Charles Truitt (rp, ) |
| Filing 7 COMPLAINT filed by Tyrone Brewer; Jury Demand. (Exhibits). (jn, ) |
| Filing 5 MOTION by Plaintiff Tyrone Brewer to attach one page addressing the only lawsuit the petitioner has ever filed and cause for not attaching the same to petitioners unreviewed civil petition which is before this Hon. Court. (rp, ) |
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Filing 4
ORDER: Plaintiff's application for leave to proceed in forma pauperis #3 is denied. If Plaintiff wants to proceed with this lawsuit, he must pay the $402 filing fee. If Plaintiff does not comply by August 14, 2023, this case will be summarily dismissed. Signed by the Honorable Rebecca R. Pallmeyer on 7/12/2023. Mailed notice. (cp, )
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| CASE ASSIGNED to the Honorable Rebecca R. Pallmeyer. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Direct assignment. (rp, ) |
| 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, ) |
| Filing 3 APPLICATION by Plaintiff Tyrone Brewer for leave to proceed in forma pauperis (Exhibit)(rp, ) |
| Filing 2 PRISONER CIVIL Cover Sheet (rp, ) |
| Filing 1 RECEIVED Complaint and no copies by Tyrone Brewer (Exhibits) (rp, ) |
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