Santoyo v. Cook County Sheriff's Office
| Ruben Santoyo |
| Cook County Sheriff's Office and Sheriff Tom Dart |
| 1:2024cv01233 |
| February 13, 2024 |
| US District Court for the Northern District of Illinois |
| Joan H Lefkow |
| Nancy L Maldonado |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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| Document Text |
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| MAILED Copy of Order dated 4/4/24 w/USM-285 form to Ruben Santoyo. (gcy, ) |
| SUMMONS Issued, with certified copy of Order dated 4/4/24 as to Defendant Tom Dart with Complaint to U.S. Marshal for service via email. (gcy, ) |
| Filing 9 COMPLAINT filed by Ruben Santoyo. (gcy, ) |
Filing 8
ORDER: Plaintiff Ruben Santoyo has initiated this action pro se, bringing claims against the Cook County Sheriff's Office for violating his rights to due process and equal protection based on an allegedly wrongful eviction. Santoyo's application to proceed in forma pauperis (Dkt. 3) is granted. Upon review of the Complaint, while the Court finds that Santoyo has stated a colorable due process claim, he has not named a proper defendant. Santoyo has not stated any valid legal claim against either the Sheriff's Office as an entity, or Sheriff Dart in his official or individual capacity. Rather, Santoyo's claims appear to lie solely against the individual Sheriff's officers who participated in the allegedly unlawful eviction. Santoyo may therefore proceed with his Complaintfor the time being, but the Court will dismiss the Sheriff's Office and substitute Sherriff Dart as a nominal defendant for the purposes of Santoyo identifying the officers involved in his eviction. After Sheriff Dart is served and appears via counsel in this matter, Santoyo must conduct discoveryfrom Sheriff Dart to identify the names of the individual officers involved in his eviction. After he identifies those John/Jane Doe officers, Santoyo must amend his Complaint to name them as defendants, so that he may serve them with summons. The Clerk is therefore directed to: (1) accept and file Plaintiff's Complaint (Dkt. 1); (2) substitute Sheriff Tom Dart as a nominal defendant in the place of Defendant Cook County Sheriff's Office; (3) issue summons for service on nominal Defendant Sheriff Tom Dart by the U.S. Marshals; and (3) mail Plaintiff one blank USM285 formalong with a copy of this order. Plaintiff will not be required to pay a fee to the Marshals Service because he maintains IFP status. The Marshals Service will not attempt service on the Sheriffunless and until the completed USM-235 is returned. Therefore, Plaintiff must correctly complete a service form and return the form to the Clerk of Court by April 26, 2024. Failure to do so may result in dismissal of this case. The Marshals are authorized to mail a request for waiver service to the defendant in the manner prescribed by Fed. R. Civ. P. 4(d)(1) before attempting personal service. Signed by the Honorable Nancy L. Maldonado on 4/4/2024. Mailed notice(gcy, )
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| Filing 7 PRO SE Appearance by Plaintiff Ruben Santoyo. (gcy, ) |
| Filing 6 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Nancy L. Maldonado for all further proceedings. Honorable Joan H. Lefkow no longer assigned to the case. Signed by Executive Committee on 2/15/2024. (ags) |
| MAILED Clerk's Notice entry along with the Joint Consent Form to Ruben Santoyo (lm, ) |
| 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. (lm, ) |
| CASE ASSIGNED to the Honorable Joan H. Lefkow. Designated as Magistrate Judge the Honorable Jeffrey Cole. Case assignment: Random assignment. (Civil Category 2). (lm, ) |
| Filing 4 PRO SE Appearance by Plaintiff Ruben Santoyo (lm, ) |
| Filing 3 APPLICATION by Plaintiff Ruben Santoyo for leave to proceed in forma pauperis (lm, ) |
| Filing 2 CIVIL Cover Sheet (lm, ) |
| Filing 1 RECEIVED Complaint and 2 copies by Ruben Santoyo (Jury Demand) (lm, ) |
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