Jones v. Micah et al
| Sam Jones |
| Micah, Ginn and John Doe |
| 3:2023cv50399 |
| November 2, 2023 |
| US District Court for the Northern District of Illinois |
| Iain D Johnston |
| Margaret J Schneider |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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| Filing 16 PLRA FEE NOTICE and Order dated 12/22/2023 from the Seventh Circuit regarding notice of appeal #13 ; Appellate case no. : 23-3414. (jp, ) |
| Filing 15 ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal #13 ; USCA Case No. 23-3414. (jp, ) |
| Filing 14 TRANSMITTED to the 7th Circuit the short record on notice of appeal #13 . (jp, ) |
| Filing 13 NOTICE of appeal by Sam Jones regarding orders #9 , #8 (jp, ) |
Filing 12
ORDER: The Court denies Plaintiff's Application for Certificate of Appealability #10 . The Court directs the Clerk of Court to file the certificate of appealability #9 as a notice of appeal and process the appeal accordingly. The Court denies Plaintiff's motion for leave to appeal in forma pauperis #11 . The Court directs the Clerk of Court to send a copy of this order to (1) Plaintiff, along with a blank application for leave to proceed in forma pauperis; and (2) the PLRA Attorney, United States Court of Appeals for the Seventh Circuit. See the attached order for details. Signed by the Honorable Iain D. Johnston on 12/22/2023: Mailed notice (yxp, )
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| MAILED copy of order dated 12/22/2023 and a blank application for leave to proceed in forma pauperis to Sam Jones. (jp, ) |
| Filing 11 MOTION by Plaintiff Sam Jones for leave to appeal in forma pauperis. (jp, ) |
| Filing 10 MOTION by Plaintiff Sam Jones for certificate of appealability. (jp, ) |
| Filing 9 ENTERED JUDGMENT, Civil case terminated. Mailed notice(yxp, ) |
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Filing 8
ORDER: On November 17, 2023, the Court dismissed Plaintiff's complaint for failure to state a claim on which relief may be granted but, in an abundance of caution, allowed him to submit an amended complaint #6 . His amended complaint #7 is nearly identical to his original complaint and, as such, does not cure the defects in his pleading. Compare Dkt. 7 with Dkt. 1. The Court therefore dismisses the amended complaint for failure to state a claim on which relief may be granted. See Dkt. 7, Nov. 17, 2023 Order (discussing deficiencies in Plaintiff's complaint). Plaintiff's claims under 42 U.S.C. 1983 are dismissed with prejudice. Any medical malpractice or medical negligence claims are dismissed without prejudice to Plaintiff's ability to pursue them before a proper tribunal. If Plaintiff wants to appeal, he must file a notice of appeal in this Court within thirty days of the entry of judgment. Fed. R. App. P. 4(a)(1). If he appeals, he will be responsible for paying the $605 appellate filing fee irrespective of the outcome of the appeal. Evans v. Ill. Dep't of Corr., 150 F.3d 810, 812 (7th Cir. 1998). If Plaintiff seeks leave to proceed in forma pauperis on appeal, he must file a motion for leave to proceed in forma pauperis in this Court stating the issues he intends to present on appeal. See Fed. R. App. P. 24(a)(1). The Court directs the Clerk of Court to enter final judgment. Case closed. Signed by the Honorable Iain D. Johnston on 12/14/2023: Mailed notice (yxp, )
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| Filing 7 RECEIVED AMENDED complaint by Sam Jones against All Defendants. (jp, ) |
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Filing 6
ORDER The Court grants Plaintiff's application for leave to proceed in forma pauperis #3 . The initial partial filing fee is waived. As discussed below, however, the Court orders Plaintiff to pay (and the facility having custody of him to automatically collect and remit) to the Clerk of Court, 100% of the preceding month's deposits to Plaintiff's account each time the amount in the account exceeds $10 until his outstanding filing fees have been paid in full. The Clerk of Court is directed to send (electronically, if possible) a copy of this order to the trust fund officer at Plaintiff's present place of incarceration and to this court's fiscal department. Summonses shall not issue. The Court dismisses Plaintiff's complaint #1 without prejudice for failure to state a claim. Plaintiff may submit an amended complaint if, after considering the discussion in the Statement section below, he believes he can correct the defects in his pleading. Any amended complaint must be limited to the care Plaintiff received at CGH Medical Center in September 2023 for spork removal. Failure to submit an amended complaint by December 15, 2023, will result in dismissal of this lawsuit for failure to state a claim on which relief may be granted. Plaintiff also must promptly update his address if it changes while this case is open. If Plaintiff does not keep the Court informed of his address, this lawsuit will be subject to dismissal with no further notice. The Court denies Plaintiff's motion for attorney representation #4 because his complaint in this case and his pleadings in other cases demonstrate that he is able to describe, in writing, the conduct he believes violated his rights. See Buford v. Laborers' Int'l Union Local 269, 787 F. App'x 341, 345 (7th Cir. 2019) (finding no error in district court's denial of counsel where defendant had not yet answered complaint, explaining that "only in an 'unusual case'... need a court recruit counsel so early"). The Court denies Plaintiff's motion for service of process at government expense #5 because the complaint has been dismissed. The Clerk of Court is directed to send Plaintiff a blank amended complaint form and instructions along with a copy of this order. Signed by the Honorable Iain D. Johnston on 11/17/2023: Mailed notice (yxp, )
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| MAILED Copy of order #6 and amended complaint form to Plaintiff. (yxp, ) |
| Filing 5 MOTION by Plaintiff Sam Jones For Service of Process at Government Expense. (jp, ) |
| Filing 4 MOTION by Plaintiff Sam Jones for attorney representation. (jp, ) |
| Filing 3 APPLICATION by Plaintiff Sam Jones for leave to proceed in forma pauperis. (jp, ) |
| Filing 2 PRISONER CIVIL Cover Sheet. (jp, ) |
| Filing 1 RECEIVED COMPLAINT by Sam Jones. (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 Sam Jones. (jp, ) |
| 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. (jp, ) |
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