Mickling, Sr. v. United States of America et al
| Maurice A. Mickling, Sr. |
| United States of America |
| 3:2022cv50169 |
| May 23, 2022 |
| US District Court for the Northern District of Illinois |
| Philip G Reinhard |
| Margaret J Schneider |
| Civil Rights (Prison Condition) |
| 28 U.S.C. ยง 1346 Tort Claim |
| None |
Docket Report
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Filing 7
ORDER signed by the Honorable Philip G. Reinhard on 7/14/2022: Plaintiff has moved to consolidate this Federal Tort Claims Act lawsuit with Mickling v. United States, Case No. 22 C 50168 (N.D. Ill.) (Reinhard, J.), which seeks relief based on Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). The court denies his request #6 as premature as plaintiff's fee status remains open in both cases so neither case has reached, let alone survived, initial review. To the extent that plaintiff's motion is based on his desire to pay a single filing fee, he is advised that he incurred an "irrevocable" obligation to pay the associated filing fees when he initiated this case and Case No. 22 C 50168. See Newlin v. Helman, 123 F.3d 429, 433 (7th Cir. 1997); 28 U.S.C. 1915(b)(1); see also Jackson v. Foster, No. 14-CV-1194-PP, 2015 WL 5918624, at *1 (E.D. Wis. Oct. 9, 2015) ("Congress requires courts to charge filing fees in exchange for allowing parties to file certain documents. The fee does not guarantee a particular outcome, nor does it guarantee that the case will proceed in a particular manner. Parties pay a filing fee for the privilege of filing the complaint. The plaintiff filed a complaint. Thus, he owes the filing fee[.]") (emphasis in original). Thus, plaintiff's request for consolidation will not excuse any failure to address his fee status as ordered. Electronic notice(sb, )
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| MAILED copy of order #7 to plaintiff. (sb, ) |
| Filing 6 MOTION by Plaintiff Maurice A. Mickling, Sr. to consolidate cases(Envelope) (pg, ) |
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Filing 5
ORDER: The court directs the Clerk to place plaintiff's application for leave to proceed in forma pauperis [1-2] and motion for attorney representation [1-3] as separate entries on the docket. The court will not entertain any additional motions that are submitted as attachments to other submissions. The court denies plaintiff's application for leave to proceed in forma pauperis without prejudice. Plaintiff must prepay the $402 filing fee. Alternatively, he may: (1) file a renewed in forma pauperis application with certified trust fund ledgers from May 15, 2022 (when the ledgers he provided end) to the date of compliance; and (2) submit a memorandum explaining why the substantial income he received and spent when he was aware of the basis of this lawsuit should not be counted against his ability to pay the filing fee. If plaintiff does not comply by August 11, 2022, the court will summarily dismiss this case. The court denies plaintiff's motion for attorney representation without prejudice. Plaintiff says that a firm in Michigan "says they have interest, but need local counsel" so he should contact Illinois attorneys and legal organizations who might be willing to serve as local counsel. Any renewed motion must identify the attorneys or organizations he contacted and attach any responses he has received. If he is unable to obtain photocopies of the responses, he may prepare handwritten copies. But regardless, counsel is not necessary at this time as nothing suggests that plaintiff is unable to address his fee status on his own. Plaintiff must promptly update his address if it changes while this case is open. If he fails to do so, this case will be subject to dismissal with no further warning. The Clerk is directed to send plaintiff an in forma pauperis application for persons in custody, as well as a copy of this order. Signed by the Honorable Philip G. Reinhard on 6/22/2022:Notice mailed by judicial staff (pg, )
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| Filing 4 MOTION by Plaintiff Maurice A. Mickling, Sr. for attorney representation (pg, ) |
| Filing 3 APPLICATION by Plaintiff Maurice A. Mickling, Sr. for leave to proceed in forma pauperis (pg, ) |
| MAILED I.F.P. Application, Copy Of 6/22/22 Order to Maurice Mickling, Sr. (pg, ) |
| MAILED copy of the Clerk's Notice entry along with the Joint Consent Form to Maurice A. Mickling, Sr. (jp, ) |
| 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. (jp, ) |
| Filing 2 PRISONER CIVIL Cover Sheet. (jp, ) |
| Filing 1 RECEIVED COMPLAINT by Maurice A. Mickling, Sr.; (Attachments: #1 Attachment A, #2 Attachment B, #3 Attachment C, #4 Envelope) (jp, ) |
| CASE ASSIGNED to the Honorable Philip G. Reinhard and Honorable Margaret J. Schneider. Designated as Magistrate Judge the Honorable Margaret J. Schneider. FEE DUE, NO INFORMA PAUPERIS APPLICATION SUBMITTED. Case assignment: Direct assignment. (jp, ) |
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| Plaintiff: Maurice A. Mickling, Sr. | |
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| Defendant: United States of America | |
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