Davis v. Ogle County et al
| Christiaan Dior Davis |
| Ogle County, Ogle County Jail Medical Providers, Jason Lyn, Molly Engelkes and Stacey Cavanaugh |
| 3:2023cv50047 |
| February 7, 2023 |
| US District Court for the Northern District of Illinois |
| Lisa A Jensen |
| Iain D Johnston |
| Civil Rights (Prison Condition) |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 31, 2023. A more recent docket listing may be available from PACER.
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Filing 20
ORDER, Plaintiff's motion to dismiss lawsuit #19 is construed as a notice of voluntary dismissal under Fed. R. Civ. P. 41(a)(1)(A). See Fed. R. Civ. P. 41(a)(1)(A) (stating that, generally, "the plaintiff may dismiss an action without court order by filing: (i) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment..."); Smith v. Potter, 513 F.3d 781, 782-83 (7th Cir. 2008) (finding that motion that was "[i]n substance" a Rule 41(a)(1)(A) notice of dismissal "effected dismissal of the suit"); Scam Instrument Corp. v. Control Data Corp., 458 F.2d 885, 888 (7th Cir. 1972) (voluntarily dismissal under Rule 41(a)(1) [now Rule 41(a)(1)(A)] automatically terminates the action upon filing). Summonses have not issued, and no Defendants have appeared or answered. Accordingly, this case is dismissed without prejudice. Any pending motions are terminated. Case terminated. The filing #19 is termed as a pending motion. The Clerk shall also send a copy of this order to the United States Court of Appeals for the Seventh Circuit. Signed by the Honorable Iain D. Johnston on 3/31/2023: Mailed notice (yxp, )
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| Filing 19 MOTION by Plaintiff Christiaan Dior Davis to dismiss lawsuit (pg, ) |
| Filing 18 PLRA FEE NOTICE AND ORDER dated 3/21/2023 from the Seventh Circuit regarding notice of appeal #11 ; Appellate case no. : 23-1511 : This court's records indicate that on March 21, 2023, the District Court denied your motion to proceed in forma pauperis. Pursuant to Federal Rule of Appellate Procedure 24(a), WITHIN THE NEXT THIRTY (30) DAYS YOU MUST EITHER: 1. Pay the required $500.00 docketing fee PLUS the $5.00 notice of appeal filing fee to the District Court Clerk, if you have not already done so. The Court of Appeals cannot accept this fee. You should keep a copy of the receipt for your records. 2. File a motion to proceed on appeal in forma pauperis with the Court of Appeals. This motion must be supported by a sworn affidavit in the form prescribed by Form 4 of the Appendix of Forms to the Federal Rules of Appellate Procedure (as amended 12/01/2018), listing the assets and income of the appellant(s). In addition, you must provide this court with a brief memorandum explaining why you contend the district court's denial of leave to proceed on appeal in forma pauperis is erroneous. NOTE: The document should be titled "MEMORANDUM IN SUPPORT OF PLRA MOTION FOR LEAVE TO PROCEED ON APPEAL IN FORMA PAUPERIS" and must be filed within thirty ( order of the district court. 30 ) days of service Further, this appeal is subject to the Prison Litigation Reform Act. Accordingly, of the IT IS ORDERED that all other proceedings in this appeal are SUSPENDED pending the assessment and payment of any necessary fees. See Newlin v. Helman, 123 F.3d 429, 434 (7th Cir. 1997). The court will take no further action in this appeal until the fee status is resolved. Neither party should tender any brief or motion that is not related to appellant's fee status on appeal. Appellee is under no obligation either to file a brief or to respond to any such motion filed by appellant. Any motion not related to appellant's fee status will be deemed denied without further court action. (jp, ) |
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Filing 17
ORDER; Plaintiff's motion to proceed in forma pauperis on appeal #14 is denied. The Court certifies that the appeal is not taken in good faith. See 28 U.S.C. 1915(a)(3). To proceed with his appeal, Plaintiff must either pay the appellate fee of $505 within fourteen days or seek review of this Court's denial of his in forma pauperis request in the United States Court of Appeals for the Seventh Circuit within thirty days of the entry of this order. Plaintiff's failure to either pay the filing fee or seek review of this order may result in the Court of Appeals' dismissal of his appeal for failing to prosecute it. The Clerk is directed to send a copy of this order to Plaintiff and to the United States Court of Appeals for the Seventh Circuit. See the attached Order for details. Signed by the Honorable Iain D. Johnston on 3/21/2023: Mailed notice (yxp, )
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| MAILED copy of order dated 3/21/2023 to Christiaan Dior Davis and the United States Court of Appeals for the Seventh Circuit. (jp, ) |
| Filing 16 CIRCUIT Rule 3(b) Fee Notice. (jp, ) |
| Filing 15 ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal #11 ; USCA Case No. 23-1511. (jp, ) |
| Filing 14 MOTION by Plaintiff Christiaan Dior Davis for leave to appeal in forma pauperis (Attachments: #1 Exhibit, #2 Envelope) (jp, ) |
| Filing 13 DECLARATION in Support of Request to Proceed in Forma Pauperis of Christiaan Dior Davis (Attachments: #1 Exhibit, #2 Envelope) (jp, ) |
| Filing 12 TRANSMITTED to the 7th Circuit the short record on notice of appeal #11 . Notified counsel (pg, ) |
| Filing 11 NOTICE of appeal by Christiaan Dior Davis regarding order #10 (pg, ) Modified on 3/22/2023 (sxh, ). |
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Filing 10
ORDER, Plaintiff's application for leave to proceed in forma pauperis #9 is denied. If Plaintiff wants to proceed with this lawsuit, he must pay the $402 filing fee. If Plaintiff does not comply by April 10, 2023, this case will be summarily dismissed. See the attached Order for details. Signed by the Honorable Iain D. Johnston on 3/6/2023: Mailed notice (yxp, )
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| Filing 9 APPLICATION by Plaintiff Christiaan Dior Davis for leave to proceed in forma pauperis (Attachments: #1 Envelope) (jp, ) |
| MAILED Copy of order #8 and IFP form to Plaintiff. Mailed copy of order #8 to Trust Fund Officer and Jury Administrator at Ogle County Jail. (yxp, ) |
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Filing 8
ORDER, Plaintiff has submitted a "response" to the Court's order requiring him to either file a renewed application to proceed in forma pauperis or pay the filing fee #6 . Plaintiff indicates that he is having difficulty obtaining the trust fund records from staff at Ogle County Jail. The time for Plaintiff to either (1) submit a renewed application on the Court's form that is certified by an appropriate official and accompanied by a copy of Plaintiff's trust fund statement showing all transactions in his account for the six-month period immediately preceding his initiation of this action; or (2) pay the full statutory filing fee of $402.00 is extended to March 17, 2023. The Ogle County Jail Trust Fund Officer/Staff are ordered to assist Plaintiff in obtaining and certifying the required trust fund account information. The Clerk is directed to mail Plaintiff a copy of this Order and a blank application to proceed in forma pauperis for prisoners form. The Clerk shall also send a copy of this order to the trust fund officer at the Ogle County Jail and to Lt. Jason Lynn, Jail Administrator, at the Ogle County Jail - 601 W. Washington St., Oregon, IL 61061. Signed by the Honorable Iain D. Johnston on 2/22/2023: Mailed notice (yxp, )
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| Filing 7 SUPPLEMENT/DECLARATION to motion for attorney representation #4 (Attachments: #1 Envelope)(pg, ) |
| Filing 6 RESPONSE by Plaintiff Christiaan Dior Davis to Court Order (Attachments: #1 Envelope) (jp, ) |
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Filing 5
ORDER, Plaintiff's application to proceed in forma pauperis #3 is denied without prejudice. If Plaintiff wants to proceed with this lawsuit, he must either (1) submit a renewed application on the Court's form that is certified by an appropriate official and accompanied by a copy of Plaintiff's trust fund statement showing all transactions in his account for the six-month period immediately preceding his initiation of this action; or (2) pay the full statutory filing fee of $402.00. Failure to comply with this order by March 10, 2023, will result in summary dismissal of this case. The Clerk is directed to mail Plaintiff a copy of this Order and a blank application to proceed in forma pauperis for prisoners form. The Clerk shall also send a copy of this order to the trust fund officer at the Ogle County Jail who shall assist Plaintiff in obtaining and certifying his application and trust fund statement. See the attached Order for details. Signed by the Honorable Iain D. Johnston on 2/10/2023: Mailed notice (yxp, )
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| MAILED Copy of order #5 and IFP form to Plaintiff. Copy of order #5 sent to Trust Fund Officer/Ogle County Jail. (yxp, ) |
| 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, ) |
| MAILED copy of the Clerk's Notice entry along with the Joint Consent Form to Christiaan Dior Davis. (jp, ) |
| Filing 4 MOTION by Plaintiff Christiaan Dior Davis for attorney representation. (jp, ) |
| Filing 3 APPLICATION by Plaintiff Christiaan Dior Davis for leave to proceed in forma pauperis. (jp, ) |
| Filing 2 PRISONER CIVIL Cover Sheet. (jp, ) |
| Filing 1 RECEIVED COMPLAINT by Christiaan Dior Davis; Jury Demand. (Attachments: #1 Envelope) (jp, ) |
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