Wigginton v. Wallace et al
| Beverly Wigginton |
| Belvidere Police Department, Wallace, Shane Woody and Clinton Morris |
| 3:2023cv50030 |
| January 20, 2023 |
| US District Court for the Northern District of Illinois |
| Lisa A Jensen |
| Iain D Johnston |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 Federal Question |
| Plaintiff |
Docket Report
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| Filing 11 MINUTE entry before the Honorable Lisa A. Jensen: A telephonic initial status hearing is set for 4/20/2023 at 9:30 AM. Public access is available via the following call-in number: (877) 336-1831 with access code 2813746 #. Plaintiff Beverly Wigginton and counsel for all parties are ordered to appear by using the following link: https://teleconference.uc.att.com/ecm/?bp=4044436397&mac=2813746 or by using the call-in number above. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions. Plaintiff is directed to notify any party filing an appearance to the entry of this order. Mailed notice (jp, ) |
| Filing 10 WAIVER OF SERVICE returned executed Wallace waiver sent on 2/7/2023, answer due 4/10/2023. (Attachments: #1 USM Form)(pg, ) |
| Filing 9 WAIVER OF SERVICE returned executed by Clinton Morris. Clinton Morris waiver sent on 2/7/2023, answer due 4/10/2023. (Attachments: #1 USM Form)(pg, ) |
| Filing 7 MINUTE entry before the Honorable Lisa A. Jensen: On 1/23/2023, Judge Iain D. Johnston granted Plaintiff's motion to proceed in forma pauperis #5 , which entitles her to serve Defendants by the U.S. Marshal. Accordingly, the Court directs the Clerk to: 1) issue summons for service of the complaint on Defendants by the U.S. Marshal; and 2) send Plaintiff two blank USM-285 Marshals service forms. Once received, Plaintiff shall fill out a USM-285 Form for each Defendant with details about where to serve Defendants. Plaintiff shall provide the completed USM-285 Forms to the Clerk's Office by 2/15/2023. The U.S. Marshal is appointed to serve Defendants but will not attempt service unless and until the required USM-285 forms are received by Plaintiff. The Marshal is authorized to mail a request for waiver of service to Defendants in the manner prescribed by Fed. R. Civ. P. 4(d) before attempting personal service. Plaintiff is directed to the District Court Pro Se Assistance Program. An appointment may be scheduled by calling (312) 435-5691. Additional information is available on the Court's website at www.ilnd.uscourts.gov for access to A Guide for the Pro Se Litigant (located under "Information for People without Lawyers"). Mailed notice. (vk) |
| Filing 6 COMPLAINT filed by Beverly Wigginton; Jury Demand. (vk) |
| MAILED two blank USM-285 Marshals service forms to Plaintiff. (vk) |
| SUMMONS Issued as to Defendants Clinton Morris and Wallace, along with a certified copy of order dated 1/24/2023 and the complaint to the USMS for service upon receipt of USM 285 forms. (vk) |
Filing 5
ORDER: The plaintiff's motion to proceed in forma pauperis #3 is granted. For the reasons stated in the attached ORDER, the claims brought by Wigginton on behalf of her minor child, NGO Publications, and the putative class claims are dismissed without prejudice. In addition, the claim against the Belvidere Police Department is dismissed with prejudice, the claims against police chief Woody and mayor Morris in his individual capacity are dismissed without prejudice. Defendants Belvidere Police Department and chief Woody are hereby terminated. The case shall proceed against mayor Morris in his official capacity and against defendant deputy chief Wallace. Signed by the Honorable Iain D. Johnston on 1/23/2023: Mailed notice (yxp, )
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| Filing 4 PRO SE Appearance by Plaintiff Beverly Wigginton. (jp, ) |
| Filing 3 APPLICATION by Plaintiff Beverly Wigginton for leave to proceed in forma pauperis. (jp, ) |
| Filing 2 CIVIL Cover Sheet. (jp, ) |
| Filing 1 RECEIVED COMPLAINT by Beverly Wigginton; Jury Demand. (jp, ) |
| CASE ASSIGNED to the Honorable Iain D. Johnston and Honorable Lisa A. Jensen. Designated as Magistrate Judge the Honorable Lisa A. Jensen. Case assignment: Random assignment. (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, ) |
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