Gomez v. Will County Adult Detention Center et al
| James E. Gomez |
| Will County Adult Detention Center, Mike Kelly, Cherry, Outlaw, Solecki and Strom |
| 1:2023cv16881 |
| December 18, 2023 |
| US District Court for the Northern District of Illinois |
| Lindsay C Jenkins |
| Civil Rights (Prison Condition) |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 13, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 15 ELECTRONIC waiver accepted (USM-285 ) executed as to Strom on 2/13/2024. (daj, ) |
| Filing 14 ELECTRONIC waiver accepted (USM-285 ) executed as to Solecki on 2/13/2024. (daj, ) |
| Filing 13 ELECTRONIC waiver accepted (USM-285 ) executed as to Outlaw on 2/12/2024.(daj, ) |
| Filing 11 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff has filed a motion for extension of time to pay the filing fee #10 , but the motion is moot as is therefore denied. The Court has already granted his motion to proceed in forma pauperis #7 , but Plaintiff indicates that he may not yet have received that Order. To be sure, the Clerk of Court is directed to send Plaintiff four blank USM-285 (Marshals service) forms, filing instructions, and a copy of this order. Plaintiff must complete and return a USM-285 form for service on each Defendant. Failure to return a completed USM-285 form for each Defendant by February 20, 2024, may result in dismissal of this lawsuit. 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 may be dismissed with no further notice. The Court appoints the U.S. Marshal to serve Defendants Cherry, Outlaw, Solecki, and Strom. The matter is remains set for a status on February 27, 2024 at 8:30 a.m. (to track the case only; no appearance is required). Mailed notice (jlj, ) |
| Filing 10 MOTION by Plaintiff James E. Gomez for extension of time to pay the filing fee. (Envelope postmark illegible) (daj, ) |
| SUMMONS Issued, certified copy of order dated 01/25/2024 to the U.S. Marshal's Office for service as to Defendants Cherry, Outlaw, Solecki, Strom via email. (daj, ) |
| MAILED copy of order #7 to Inmate Trust Fund Officer of Will County A.D.F. (daj, ) |
| EMAILED copy of order #7 to the U.S. District Court Fiscal Department. (daj, ) |
| MAILED copy of order #7 , four blank USM-285 forms, filing instructions to James E. Gomez. (daj, ) |
| Filing 9 COMPLAINT filed by James E. Gomez. (Envelope postmarked 12/12/2023) (daj, ) |
Filing 8
ORDER written by the Honorable Lindsay C. Jenkins on 1/25/2024. Mailed notice. (jlj, )
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| Filing 7 MINUTE entry before the Honorable Lindsay C. Jenkins: The Court grants Plaintiff's applications for leave to proceed in forma pauperis [Dkts. #4 , #6 ]. The Court orders the trust fund officer at Plaintiff's place of incarceration to make deductions from Plaintiff's account for payment to the Clerk of Court in accordance with the instructions in the Statement section below. The Clerk of Court is directed to send a copy of this order to the trust fund officer at Plaintiff's present place of incarceration and to this court's fiscal department. The Clerk of Court also is directed to (1) file Plaintiff's complaint [Dkt. #1 ]; (2) add Correctional Officers Cherry, Outlaw, Solecki, and Strom as defendants to this lawsuit; (3) terminate the remaining defendants; (4) issue summonses for service of the complaint on Defendants Cherry, Outlaw, Solecki, and Strom by the U.S. Marshal; and (5) send Plaintiff four blank USM-285 (Marshals service) forms, filing instructions, and a copy of this order. Plaintiff must complete and return a USM-285 form for service on each Defendant. Failure to return a completed USM-285 form for each Defendant by February 20, 2024, may result in dismissal of this lawsuit. 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 may be dismissed with no further notice. The Court appoints the U.S. Marshal to serve Defendants Cherry, Outlaw, Solecki, and Strom. The matter is set for a status on February 27, 2024 at 8:30 a.m. (to track the case only; no appearance is required). Mailed notice. (jlj, ) |
| Filing 6 APPLICATION by Plaintiff James E. Gomez for leave to proceed in forma pauperis. (Exhibits, Envelope not postmarked) (daj, ) |
| Filing 5 STATEMENT by James E. Gomez. (Exhibit, Envelope postmarked 12/28/2023) (daj, ) |
| Filing 4 APPLICATION by Plaintiff James E. Gomez for leave to proceed in forma pauperis. (Exhibits, Envelope not postmarked) (daj, ) |
| Filing 3 MINUTE entry before the Honorable Lindsay C. Jenkins: Will County detainee James E. Gomez submitted a complaint concerning an encounter with guards at the Will County Adult Detention Center on November 9, 2022, but he did not pay the Court's filing fee or apply for leave to proceed in forma pauperis. He must do one of two things: (1) prepay the $405.00 filing fee or (2) apply to proceed in forma pauperis using the enclosed form. An application to proceed in forma pauperis must be accompanied by a certified account statement showing all transactions in his custodial account or accounts from June 18, 2023, to December 18, 2023. If he was incarcerated at more than one facility during that time, he must obtain an account statement from each facility. Alternatively, he may submit payment of the $405.00 by check or money order payable to Clerk, United States District Court. Failure to comply by January 22, 2024, will result in dismissal of this lawsuit. Plaintiff should be aware that he must pay the filing fee even if the case is summarily dismissed. See 28 U.S.C. 1915(b)(1). Thus, he must either pay the full filing fee upfront or pay the filing fee over time in installments consisting of 20% of his monthly income (including money sent by family and friends) until the filing fee is paid in full. If he is allowed to pay in installments, the collections from his account will follow him even if he is transferred to another facility. Waiver of the fee is not an option. The Court defers consideration of Plaintiff's complaint until after his fee status is resolved. The Clerk of Court is directed to send Plaintiff a blank application to proceed in forma pauperis along with a copy of this order. Mailed notice (cn). |
| MAILED Order #3 and blank IFP to James E. Gomez 2022-00004782 Will County A.D.F 95 S Chicago St Joliet IL 60436 (cn, ) |
| CASE ASSIGNED to the Honorable Lindsay C. Jenkins. Designated as Magistrate Judge the Honorable Keri L. Holleb Hotaling. FEE DUE, NO INFORMA PAUPERIS APPLICATION SUBMITTED. Case assignment: Random assignment. (Civil Category 3). (daj, ) |
| 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. (daj, ) |
| MAILED CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), Consent form to James E. Gomez. (daj, ) |
| Filing 2 PRISONER CIVIL Cover Sheet. (daj, ) |
| Filing 1 RECEIVED Complaint by James E. Gomez. (Envelope postmarked 12/12/2023) (daj, ) |
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