Oats, Sr. v. McHenry County Animal Control And Its Officers And Administration
| Curtis Lamond Oats, Sr. |
| McHenry County Animal Control And Its Officers And Administration |
| 3:2022cv50113 |
| April 14, 2022 |
| US District Court for the Northern District of Illinois |
| Iain D Johnston |
| Margaret J Schneider |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on December 19, 2023. A more recent docket listing may be available from PACER.
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Filing 11
ATTORNEY Appearance for Plaintiff Curtis Lamond Oats, Sr. by Joel A. Flaxman (Flaxman, Joel)
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Filing 10
ATTORNEY Appearance for Plaintiff Curtis Lamond Oats, Sr. by Kenneth N Flaxman (Flaxman, Kenneth)
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Filing 9
MINUTE entry before the Honorable Iain D. Johnston: The Court previously dismissed Plaintiff Curtis Oats' Fourth Amendment claim for failure to state a claim. On amendment, he has clarified that his claim is based on a government agent (who is not a postal worker) accessing his private mailbox that is not located on the curb, or otherwise easily accessible by the public. At this stage, the allegations are sufficient to pass the Court's mandatory screening under 28 U.S.C. 1915(e)(2)(B). The claim may proceed. Mailed notice (yxp, )
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Filing 8
AMENDED complaint by Curtis Lamond Oats, Sr. against McHenry County Animal Control And Its Officers And Administration (pg, )
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Filing 7
ORDER; Plaintiff's First Amendment claim is sufficient and may proceed. His Fourth Amendment claim is dismissed without prejudice. Plaintiff may amend his complaint by 5/27/2022. If Plaintiff declines the opportunity to amend, the Court's dismissal of his Fourth Amendment claim will become with prejudice without further action by the Court. See the attached for details. Signed by the Honorable Iain D. Johnston on 5/3/2022: Mailed notice (yxp, )
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Paid Filing Fee Of $200.00 on 5/2/2022. #46243006843 (pg, )
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Filing 6
MINUTE entry before the Honorable Iain D. Johnston: Plaintiff's motion to proceed in forma pauperis is granted in part #5 . Plaintiff receives disability payments and earns some money part-time. Thus, the Court reduces his filing fee to $200. He must pay the reduced filing fee by May 6, 2022, or this case will be dismissed for want of prosecution under Federal Rule of Civil Procedure 41(b). Plaintiff is warned, however, that if he proceeds with this case, the Court will be obligated to screen his complaint under 28 U.S.C. 1915(e)(2)(B). Under that statute, the Court is required to screen and dismiss cases that fail to state a claim, are frivolous, or seek damages from an immune official. Furthermore, because Plaintiff has explained that state proceedings are ongoing, the Court will expect the parties to explain why this Court should not abstain from exercising federal jurisdiction in deference to those proceedings. See Younger v. Harris, 401 U.S. 37 (1971). The motion for attorney representation #4 is denied without prejudice to refile if Plaintiff proceeds with this case. Plaintiff is directed to the "Representing Yourself" page on the Court's website. https://www.ilnd.uscourts.gov/OnlineForms.aspx?/qYVnglgEnsP0UIGZRbKuyo9G0K5AoRrKzSKr0iA5CFYkpOIso0U1A==. Mailed notice (yxp, )
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Filing 5
APPLICATION by Plaintiff Curtis Lamond Oats, Sr. for leave to proceed in forma pauperis (pg, )
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Filing 4
MOTION by Plaintiff Curtis Lamond Oats, Sr. for attorney representation (pg, )
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Filing 3
PRO SE Appearance by Plaintiff Curtis Lamond Oats, Sr. (pg, )
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Filing 2
CIVIL Cover Sheet (pg, )
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Filing 1
RECEIVED Complaint and 0 copies by Curtis Lamond Oats, Sr. (pg, )
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MAILED copy of the Clerk's Notice entry along with the Joint Consent Form to Curtis Lamond Oats, Sr. (jp, )
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CASE ASSIGNED to the Honorable Iain D. Johnston and Honorable Margaret J. Schneider. Designated as Magistrate Judge the Honorable Margaret J. Schneider. Case assignment: Random assignment. (pg, )
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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. (pg, )
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| Plaintiff: Curtis Lamond Oats, Sr. | |
| Represented By: | Kenneth N Flaxman |
| Represented By: | Joel A. Flaxman |
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| Defendant: McHenry County Animal Control And Its Officers And Administration | |
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