Martinez-Vivanco v. United States of America et al
| Wilibaldo Martinez-Vivanco |
| United States of America and Brywer |
| 3:2023cv50244 |
| June 27, 2023 |
| US District Court for the Northern District of Illinois |
| Lisa A Jensen |
| Iain D Johnston |
| Civil Rights (Prison Condition) |
| 28 U.S.C. ยง 1331 Federal Question |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 7 LETTER from Wilibaldo Martinez-Vivanco dated 8/14/23. (Attachments: #1 Envelope)(pg, ) |
| Filing 6 COMPLAINT filed by Wilibaldo Martinez-Vivanco. (jp, ) (Main Document 6 replaced on 8/1/2023) (jp, ). |
Filing 5
ORDER, Plaintiff has paid the filing fee. Plaintiff's complaint #1 is accepted as addressed below. The Court directs the Clerk of Court to (1) file Plaintiff's complaint #1 ; (2) issue summons for service of the complaint on the United States, to be served by the Clerk's office as directed below; (3) and issue summons for service of the complaint on Defendant Brywer by the U.S. Marshal; and (4) send Plaintiff a copy of this order and a blank USM-285 form. For service on the United States, the Clerk of Court is directed to (1) send, by registered or certified mail, a copy of the summons for the United States and a copy of the complaint to the civil-process clerk at the United States Attorney for the Northern District of Illinois; (2) send, by registered or certified mail, a copy of the summons for the United States and the complaint to the Attorney General of the United States at Washington, D.C.; and (3) send, by regular mail, a copy of this order along with a copy of the summons for the United States and the complaint to Tom Walsh, Chief, Civil Division, United States Attorney's Office for the Northern District of Illinois. Because Plaintiff has paid the filing fee and is not proceeding in forma pauperis, he is not necessarily entitled to service on Defendant Brywer at government expense. Fed. R. Civ. P. 4(c)(3). Additionally, Plaintiff has not demonstrated that he cannot pay the required deposit to the U.S. Marshal. Plaintiff must either: (1) serve Defendant Brywer himself; (2) retain a private process server to serve Defendant; or (3) employ the services of the U.S. Marshal to serve Defendant. The U.S. Marshal is directed to send Plaintiff the request for payment of the deposit to effectuate service (service costs generally range between $65.00 and $250.00 per location). If Plaintiff elects to employ the services of the U.S. Marshal, he must pay the required deposit and submit the completed USM-285 service form by August 31, 2023; the U.S. Marshal will not take further action until the deposit has been paid and the USM-285 service form is returned. Plaintiff also must promptly submit a change-of-address notification if he is transferred to another facility or released. If Plaintiff fails to keep the Court informed of his address, this action will be subject to dismissal for failure to comply with a Court order and for failure to prosecute. The Clerk is also directed to send a copy of this order to the U.S. Marshal. The U.S. Marshal is appointed to effect service on Defendant Brywer (assuming Plaintiff chooses service via this option and pays the appropriate deposit) and is authorized to send a request for waiver of service in the manner prescribed by Fed. R. Civ. P. 4(d) before attempting personal service. Plaintiff's motion for attorney representation #4 is denied without prejudice. See the attached Order for details. Signed by the Honorable Iain D. Johnston on 8/1/2023: Mailed notice (yxp, ) Modified on 8/1/2023 (jp, ). (Main Document 5 replaced on 8/1/2023) (jp, ).
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| SUMMONS Issued as to United States of America c/o Civil Process Clerk United States Attorney for the Northern District of Illinois via UPS #1Z6E25200291470014, the Attorney General of the United States at Washington, D.C. via UPS #1Z6E25200291392402, Tom Walsh, Chief, Civil Division United States Attorney's Office for the Northern District of Illinois by regular mail with certified copy of order dated 8/1/2023 and the complaint. (jp, ) |
| SUMMONS Issued as to Brywer with certified copy of order dated 8/1/2023 and complaint to the USMS for service upon receipt of payment and USM 285 form. (jp, ) |
| MAILED copy of order dated 8/1/2023 and a blank USM 285 form with instructions to Wilibaldo Martinez-Vivanco. (jp, ) |
| Filing 4 MOTION by Plaintiff Wilibaldo Martinez-Vivanco for attorney representation (Attachments: #1 Envelope)(pg, ) |
| Paid Filing Fee Of $402.00 On 7/26/23. #46243007498 (pg, ) |
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Filing 3
ORDER Plaintiff has submitted a complaint #1 but did not prepay the filing fee or file an application for leave to proceed in forma pauperis. By August 4, 2023, Plaintiff must either: (1) submit a completed application for leave to proceed in forma pauperis that includes the documentation (he must submit account statements showing all transactions in all his prison accounts, including, without limitation, his TruFone and TruLinc accounts) and certification described below; or (2) pay the full statutory filing fee of $402.00. If he does not comply, the Court will summarily dismiss this case. The Clerk is directed to send Plaintiff a blank application to proceed in forma pauperis, along with a copy of this order. See the attached Order for details. Signed by the Honorable Iain D. Johnston on 7/5/2023: Mailed notice (yxp, )
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| MAILED copy of order dated 7/5/2023 and a blank application to proceed in forma pauperis to Wilibaldo Martinez-Vivanco. (jp, ) |
| CASE ASSIGNED to the Honorable Iain D. Johnston and Honorable Lisa A. Jensen. Designated as Magistrate Judge the Honorable Lisa A. Jensen. FEE DUE, NO INFORMA PAUPERIS APPLICATION SUBMITTED. 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 Wilibaldo Martinez-Vivanco. (jp, ) |
| Filing 2 PRISONER CIVIL Cover Sheet. (jp, ) |
| Filing 1 RECEIVED COMPLAINT by Wilibaldo Martinez-Vivanco; Jury Demand. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Envelope) (jp, ) |
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