Perez v. McCray et al
| Fred F Perez |
| McCray, Shelton, Susan Shebel, Joyner, Kevin Sims, Tellado and Taiwo Pa-Colamide |
| 1:2024cv00426 |
| January 19, 2024 |
| US District Court for the Northern District of Illinois |
| John J Tharp |
| 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 March 14, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| EMAILED USM 285 forms, certified copy of order dated 02/15/2024 to the U.S. Marshal's Office for service as to defendant(s) Nurse McCray, Nurse Shelton, Susan Shebel, Taiwo Pa-C Olamide, Dr. Kevin Sims, Nurse Joyner, Tellado, Dr. Connie Mennella. (smb, ) |
| MAILED copy of order #11 to Fred F Perez (lm, ) |
Filing 11
ORDER Signed by the Honorable John J. Tharp, Jr on 3/6/2024: Plaintiff has submitted a motion for leave to amend his complaint #10 with the proposedamended complaint submitted as part of the motion. The proposed amended complaint names only one new Defendant, Dr. Mennella, seemingly indicating that he is abandoning all other, prior named Defendants, but then seeks relief against "all Defendants." Id. The Court denies Plaintiff'smotion #10 without prejudice because it appears Plaintiff is attempting to amend his complaint in a piecemeal fashion, which is not allowed. An amended pleading supersedes the pleading that comes before it, and due to the contradictory nature of Plaintiff's proposed amended complaint itis unclear that Plaintiff is not attempting to amend in a piecemeal fashion. If Plaintiff wishes to add a party, he must submit a motion for leave, as well as a complete amended complaint naming all of the parties he wishes to sue as well as containing a statement section stating a plausible claim for relief. Mailed notice(air, )
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| Filing 10 MOTION by Plaintiff Fred F Perez for leave to file an amended complaint (Exhibits) (Envelope not postmarked) (emc, ) |
| Filing 9 NOTICE of Correction regarding #7 (axk, ) |
| Filing 7 ENTERED in Error (axk, ) Modified on 3/4/2024 (axk, ). |
| Filing 6 COMPLAINT filed by Fred F Perez; Jury Demand. (smb, ) |
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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 $39.17 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 Court directs the Clerk of Court to (1) send (electronically if possible) a copy of this order to the trust fund officer at Plaintiff's current place of incarceration and to the Court's Fiscal Department; (2) file Plaintiff's complaint #1 ; (3) issue summonses for service of the complaint on Defendants McCray, Shelton, Shebel, Joyner, Sims, Tellado, and Taiwo Pa-Colamide by the U.S. Marshal; and (4) send Plaintiff seven 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 Defendant. Failure to return the USM-285 forms by March 15, 2024, may result in dismissal of any unserved Defendant, as well as dismissal of this case in its entirety. 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 action will be subject to dismissal for failure to comply with a Court order and for failure to prosecute. The Court appoints the U.S. Marshal to serve Defendants. Plaintiff's motion for attorney representation #4 is denied without prejudice to renewal later in this case. Signed by the Honorable John J. Tharp, Jr on 2/15/2024. Mailed notice. (smb, )
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| MAILED a copy of the Order #5 dated 2/15/2024 to the trust fund officer atPlaintiff's current place of incarceration (smb, ) |
| MAILED seven blank USM-285 (Marshals service) forms, filing instructions, and a copy of the Order #5 dated 2/15/2024 (smb, ) |
| SUMMONS Issued as to Defendants Joyner, McCray, Taiwo Pa-Colamide, Susan Shebel, Shelton, Kevin Sims, Tellado (smb, ) |
| Filing 8 MAIL RETURNED, for 73.1b notice sent to Fred F Perez returned as undeliverable, return to sender. New address found, re-mailed to Fred F Perez 2720 S. St Louis Ave Chicago, IL 60623 (axk, ) |
| CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Direct assignment. (Civil Category Direct). (smb, ) |
| 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. (smb, ) |
| MAILED copy of the Clerk's Notice entry along with the Joint Consent Form to Plaintiff. (smb, ) |
| Filing 4 MOTION by Plaintiff Fred F Perez for attorney representation (Exhibits) (smb, ) |
| Filing 3 APPLICATION by Plaintiff Fred F Perez for leave to proceed in forma pauperis (Exhibits) (smb, ) |
| Filing 2 PRISONER CIVIL Cover Sheet (smb, ) |
| Filing 1 RECEIVED Complaint and No copies by Fred F Perez (Exhibits)(Envelope not postmarked) (smb, ) |
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