Ball v. Dart
| Teresa Ball |
| Thomas J. Dart |
| 1:2023cv14426 |
| October 2, 2023 |
| US District Court for the Northern District of Illinois |
| Mary M Rowland |
| 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 December 5, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| MAILED copy of Order #7 to Plaintiff. (dm, ) |
| Filing 8 ENTERED JUDGMENT on 11/30/2023. Mailed notice. (dm, ) |
Filing 7
ORDER : The Court grants Plaintiff's request to voluntarily dismiss this case #6 . The case is dismissed without prejudice under Federal Rule of Civil Procedure 41(a)(1)(A). The Court cannot, however, refund any portion of the filing fee that that Plaintiff has already paid. Having filed the action, Plaintiff must pay the filing fee. See 28 U.S.C. 1915(b)(1). However, the Court orders that the Clerk and the trust fund officer at Plaintiff's place of incarceration and the fiscal department of the Court stop collecting the fee, The Clerk is directed to send this order to the fiscal department and the trust fund officer of Plaintiff's place of incarceration. No money is to be refunded to Plaintiff, but no more is to be collected. The Clerk is requested to send this order to plaintiff. Civil case terminated. Signed by the Honorable Mary M. Rowland on 11/30/2023. Mailed notice. (dm, )
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| Filing 6 MOTION by Plaintiff Teresa Ball to dismiss (axk, ) |
| EMAILED Order dated 10/26/2023, #5 to Supervisor of the Inmate Trust Fund Accounts at Cook County Jail and to this court's fiscal department. (jh, ) |
| MAILED Order dated 10/26/2023 a blank amended complaint form and instructions to the Plaintiff. (jh, ) |
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Filing 5
ORDER: The Court grants Plaintiff's application for leave to proceed in forma pauperis #3 and orders the trust fund officer at Plaintiff's place of incarceration to (1) deduct $22.66 from Plaintiff's account for payment to the Clerk of Court as an initial partial payment of the filing fee and (2) continue making monthly deductions in accordance with this order. The Clerk of Court is directed to send (electronically, if possible) a copy of this order to the trust fund officer at Plaintiff's present place of incarceration and to this court's fiscal department. Summonses, however, shall not issue. The Court dismisses Plaintiff's complaint #1 without prejudice for failure to state a claim. Plaintiff may submit an amended complaint. Failure to submit an amended complaint by November 16, 2023, will result in dismissal of this lawsuit for failure to state a claim on which relief may be granted. Plaintiff also must promptly update her address if it changes while this case is open. If Plaintiff does not keep the Court informed of her address, this lawsuit will be subject to dismissal with no further notice. The Court denies Plaintiff's motion for attorney representation #4 because it does not reflect what effort she made to obtain counsel on her own. 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 an amended complaint form and instructions along with a copy of this order. Signed by the Honorable Mary M. Rowland on 10/26/2023. Mailed notice (jh, )
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| MAILED copy of the Clerk's Notice entry along with the Joint Consent Form to plaintiff. (nsf, ) |
| 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. (nsf, ) |
| CASE ASSIGNED to the Honorable Mary M. Rowland. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (Civil Category 3). (nsf, ) |
| Filing 4 MOTION by Plaintiff Teresa Ball for attorney representation (nsf, ) |
| Filing 3 APPLICATION by Plaintiff Teresa Ball for leave to proceed in forma pauperis. (Exhibits) (nsf, ) |
| Filing 2 PRISONER CIVIL Cover Sheet (nsf, ) |
| Filing 1 RECEIVED Complaint and 0 copies by Teresa Ball. (Envelope not post marked) (nsf, ) |
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| Plaintiff: Teresa Ball | |
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| Defendant: Thomas J. Dart | |
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