Borihane v. Rivers et al
| Inthanousone Borihane |
| K. Torrance, C. Rivers, Counselor Alwardt, Lt. Reicks, L. Leverton, C. Willis, C/O Spyker, Lt. Dix, C/O Boaz and John Doe 1 |
| 3:2020cv50270 |
| July 17, 2020 |
| US District Court for the Northern District of Illinois |
| Gary Feinerman |
| Lisa A Jensen |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on September 10, 2020. A more recent docket listing may be available from PACER.
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Filing 21
ORDER: Plaintiff's application for leave to proceed in forma pauperis #1 is granted. The court orders the trust fund officer at Plaintiff's place of incarceration to immediately deduct $13.33 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 send (electronically if possible) a copy of this order to the trust fund officer at Plaintiff's present place of incarceration and to the court's fiscal department. For the reasons stated below, the complaint #9 is dismissed without prejudice for failure to state a claim. Plaintiff's piecemeal supplements to the complaint #7 #15 [17 #18 are stricken. If Plaintiff wants to proceed with this lawsuit, he must by 10/8/2020 submit an amended complaint that complies with this order. Failure to comply will result in the dismissal of this lawsuit with prejudice for failure to state a claim. Plaintiff's motion for copies #19 is granted in part. The Clerk of Court is directed to send Plaintiff a copy of the docket for this case. The Clerk also shall send Plaintiff an amended complaint form, filing instructions, and a copy of this order. Status hearing set for 10/28/2020 at 10:05 a.m. Signed by the Honorable Gary Feinerman on 9/10/2020. Mailed notice (aee, )
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| MAILED Copy of Order dated 9/10/20 to the trust fund officer at Plaintiff's present place of incarceration. (aee, ) |
| MAILED Copy of Order dated 9/10/20, a copy of the docket for this case, an amended complaint form, and filing instructions to Plaintiff. (aee, ) |
| Filing 20 NOTICE by Inthanousone Borihane of Potential Change of Address (Attachments: #1 Envelope) (jp, ) |
| Filing 19 MOTION by Plaintiff Inthanousone Borihane for a copy of docket sheet and all entries, copy of local rules, copy of original complaint and attachments, and to participate in electronic filing (Attachments: #1 Envelope) (jp, ) |
| Filing 18 DECLARATION in Support of Civil Complaint of Inthanousone Borihane (Attachments: #1 Envelope) (jp, ) |
| Filing 17 DECLARATION of Stacy Butler in support of Bivens civil complaint (Attachments: #1 Envelope)(pg, ) |
| Filing 16 OBJECTION to Order Striking Declaration #7 (Attachments: #1 Certificate of Service, #2 Envelope) (jp, ) |
| Filing 15 VERIFICATION by Inthanousone Borihane (Exhibit) (bg, ) |
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Filing 14
ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020. Mailed notice. (jp, )
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| Filing 13 Pursuant to the Fourth Amended General Order 19-0007, dated 6/27/2019, this case is assigned to the Honorable Gary Feinerman and referred generally to the Honorable Lisa A. Jensen. Signed by Executive Committee on 6/27/2019. (jp, ) |
| Filing 12 RECEIVED from Illinois Southern; Case Number 3:20-cv-00525 (jp,) |
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Filing 11
ORDER TRANSFERRING CASE TO OTHER DISTRICT: Case transferred to Northern District of Illinois - Western Division. Signed by Judge J. Phil Gilbert on 7/16/2020. (jsy) [Transferred from Illinois Southern on 7/17/2020.]
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Filing 10
ORDER REASSIGNING CASE. Pursuant to Administrative Order 188, case reassigned to Judge J. Phil Gilbert for all further proceedings. Judge Staci M. Yandle no longer assigned to case. All future pleadings shall bear the case number 20-525-JPG. Signed by Judge Staci M. Yandle on 7/16/2020. (tjk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 7/17/2020.]
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| Filing 9 COMPLAINT against All Defendants filed by Inthanousone Borihane.(jaj) [Transferred from Illinois Southern on 7/17/2020.] |
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Filing 8
ORDER STRIKING #7 Declaration. Plaintiff has filed a "Declaration of George Perry" that is not an exhibit to any pleading before the Court. Additionally, Plaintiff provided no explanation as to why it should be filed with the Court. The Declaration is, therefore, STRICKEN. Signed by Judge Staci M. Yandle on 7/15/2020. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 7/17/2020.]
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| Filing 7 STRICKEN - DECLARATION by Inthanousone Borihane. (jaj) Modified on 7/16/2020 (jsm2). [Transferred from Illinois Southern on 7/17/2020.] |
| Filing 6 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) [Transferred from Illinois Southern on 7/17/2020.] |
| Filing 5 NOTICE: Inthanousone Borihane was directed to file the attached form regarding consenting or declining to consent to magistrate judge jurisdiction. The time for doing so has now passed, and the Court has not received the form. As required by Administrative Order No. 257, Inthanousone Borihane shall return the form within 7 days or face possible sanctions. The Clerk notes that due to the COVID-19 public health crisis, deadlines that were pending on or before April 1, 2020 were extended in accord with Administrative Order No. 261 and/or Amended Administrative Order No. 261. This automated notice does not take into account any such extensions. If, after the expiration of the 7-day deadline set forth herein, the Court chooses to take further action, all applicable deadline extensions will be considered at that time. Consent due by 7/6/2020. (rah) [Transferred from Illinois Southern on 7/17/2020.] |
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Filing 4
ORDER. Plaintiff has filed a Motion for Leave to Proceed In Forma Pauperis (IFP motion) (Doc. #1 ) and states that, if the Court allows him to proceed in forma pauperis, he will file a Complaint. Based on Plaintiff's stated intent to file a civil action, a case has been opened. However, to properly commence a civil action, a Complaint must be filed. See Fed. R. Civ. P. 3. If Plaintiff intends to proceed with a civil action, he must file a Complaint by July 13, 2020. Failure to do so will result in dismissal of this action under Federal Rules of Civil Procedure 3 and 41(b). To enable Plaintiff to comply with this Order, the Clerk of Court is DIRECTED to provide him with a Complaint form appropriate to a 42 U.S.C. 1983 action. Because this action has not been properly initiated, the Court will not consider the IFP motion at this time. Signed by Judge Staci M. Yandle on 6/22/2020. (ksp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 7/17/2020.]
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| Filing 3 NOTICE FROM CLERK Instructing Plaintiff to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 257, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Plaintiff on 6/4/20. Consent due by 6/25/2020 (amv) [Transferred from Illinois Southern on 7/17/2020.] |
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Filing 2
ORDER NOTICE AND ORDER: The Court has received your motion to proceed without prepayment of the filing fee. Your case number is 20-525-SMY. The following is some information you should know regarding the initial stages of your lawsuit. After your filing fee status is determined, the Court will review your complaint to identify legally sufficient claims and defendants and dismiss any legally insufficient claims. See: 28 U.S.C. Sec. 1915A. The Court will conduct this review within the next 60 days and inform you of the findings in a Merit Review Order. No other action will be taken in your case during this time, absent extraordinary circumstances. Therefore, you do not need to submit any evidence, argument, motions, or other documents. If you filed a motion for recruitment of counsel along with your complaint, it will not be considered until the merit review is complete. Please note that any motion for recruitment of counsel must include evidence of your own efforts to find counsel, such as a list of the attorneys you contacted and copies of letters you sent or received. See Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007). If you do not receive a Merit Review Order within the next 60 days, you may file a motion requesting the status of your case. In the event your claim(s) survive the merit review, further information and instruction will be provided to you at that time. In addition, several administrative matters warrant mention. Any communication directed to the Court should be in the form of a motion or other pleading and not a letter. All mail should be sent to: Clerk's Office, U.S. District Court, 750 Missouri Avenue, East St. Louis, IL 62201. Finally, you are advised that if your address changes, you must notify the Court within seven days of the change by filing a Notice of Change of Address. Failure to do so could result in the dismissal of your case. Signed by Judge Staci M. Yandle on 6/4/2020. (amv)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 7/17/2020.]
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| Filing 1 MOTION for Leave to Proceed in forma pauperis by Inthanousone Borihane. (amv) [Transferred from Illinois Southern on 7/17/2020.] |
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