Aldridge v. Dart et al
| Devin Aldridge |
| Tom Dart, Sgt. Reed and C/O Harris |
| 1:2023cv05840 |
| August 21, 2023 |
| US District Court for the Northern District of Illinois |
| Thomas M Durkin |
| Civil Rights (Prison Condition) |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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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 $13.63 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 Clerk of Court is directed to send a copy of this order to the trust fund officer where Plaintiff is incarcerated and to this court's fiscal department. The Court dismisses Plaintiff's complaint #1 without prejudice for failure to state a claim on which relief may be granted. Plaintiff may submit an amended complaint if he believes he can do so consistent with the instructions in the Statement section, below. Failure to submit an amended complaint by October 25, 2023, will result in dismissal of this lawsuit for failure to state a claim. Plaintiff also must promptly update his address if it changes while this case is open. If he does not keep the Court informed of his address, this lawsuit will be subject to dismissal with no further notice. The Court denies Plaintiff's motion for attorney representation #4 because the application reflects that he contacted just one law firm in an attempt to obtain counsel on his own, which is insufficient. See Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007) (en banc); Russell v. Bukowski, 608 F. App'x 426, 428 (7th Cir. 2015) ("[B]efore a district court is required to consider recruiting counsel to assist a litigant in a civil case, the litigant must make a reasonable attempt to secure counsel for himself."). The Clerk of Court is directed to send Plaintiff a blank amended complaint form and instructions along with a copy of this order. Signed by the Honorable Thomas M. Durkin on 9/25/2023. Mailed notice. (kp, )
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| MAILED a copy of this order #5 to the trust fund officer where Plaintiff is incarcerated and to this court's fiscal department. (kp, ) |
| MAILED a blank amended complaint form and instructions along with a copy of this order #5 to to Plaintiff. (kp, ) |
| MAILED copy of the Clerk's Notice entry along with the Joint Consent Form to Devin Aldridge. (aee, ) |
| 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. (aee, ) |
| Filing 4 MOTION by Plaintiff Devin Aldridge for attorney representation. (aee, ) |
| Filing 3 APPLICATION by Plaintiff Devin Aldridge for leave to proceed in forma pauperis (Exhibits). (aee, ) |
| Filing 2 PRISONER CIVIL Cover Sheet. (aee, ) |
| Filing 1 RECEIVED Complaint and no copies by Devin Aldridge. (Envelope postmarked 8/16/23) (aee, ) |
| CASE ASSIGNED to the Honorable Thomas M. Durkin. Designated as Magistrate Judge the Honorable Sheila M. Finnegan. Case assignment: Random assignment. (aee, ) |
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