Pope v. Chattick et al
Kerry L. Pope |
Nurse Chattik, Dr. Larry Sy and Nurse Chattick |
3:2024cv50172 |
May 7, 2024 |
US District Court for the Northern District of Illinois |
Iain D Johnston |
Margaret J Schneider |
Civil Rights (Prison Condition) |
42 U.S.C. ยง 1983 Prisoner Civil Rights |
Plaintiff |
Docket Report
This docket was last retrieved on June 21, 2024. A more recent docket listing may be available from PACER.
Document Text |
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Filing 8 COMPLAINT filed by Kerry L. Pope. (jp, ) |
Filing 7 ORDER : Plaintiff's complaint may proceed past screening. The Court directs the Clerk of Court to (1) file the complaint #1 ; (2) revise the docket to reflect the nurse defendant's name as Chattick; (3) issue summonses for service of the complaint on Defendants Chattick and Sy; (4) send Plaintiff two blank USM-285 service forms, instructions, and a copy of this order; and (5) send the United States Marshals Service a copy of this order. Because Plaintiff did not demonstrate that he is unable to pay a service fee, he is not entitled to service at government expense. See Fed. R. Civ. P. 4(c)(3). Plaintiff therefore is responsible for having the summonses and complaint served on Defendants. To effectuate service of process he may retain a private process server, employ the Marshals Service, or use any other method permitted by Federal Rule of Civil Procedure 4. If Plaintiff employs the Marshals Service, he must (1) submit to the Marshals Service a deposit of $65.00 for each Defendant (or $130.00) and (2) submit to the Clerk of Court a completed USM-285 service form for each Defendant. Payment can be made by cashier's check, certified check, or money order payable to "US Marshals Service" and mailed to 219 S. Dearborn Street, Ste 1168 / Attn: Civil Division, Chicago, IL 60604. Plaintiff must write the case number on the check or envelope. For efficiency, the Court appoints the Marshal to serve Defendants Chattick and Sy but notes that the Marshal will take no action until the deposit is paid and the USM-285 service forms are received. Plaintiff must file a status report with this Court by July 21, 2024, indicating how he intends to accomplish service and should be aware that failure to serve Defendants within 90 days of the entry of this order may result in dismissal of this case. See Fed. R. Civ. P. 4(m). Plaintiff also must promptly update his address if it changes while this case is open. If he does not keep the Court informed of his address, this lawsuit may be dismissed with no further notice. The Court denies Plaintiff's motions for attorney representation #3 #6 because he has not demonstrated financial eligibility for counsel, see Brown v. United States, 737 F. App'x 777, 781 (7th Cir. 2018) (explaining that discretion to recruit counsel is reserved for indigent litigants), and because there does not appear to be a need for counsel at this time, 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"). Plaintiff's motion "to provide proof of full payment" #5 is terminated; the Court received payment of the filing fee. Signed by the Honorable Iain D. Johnston on 6/21/2024. [See STATEMENT] Mailed notice (jp, ) |
SUMMONS Issued as to Defendants Nurse Chattick, Larry Sy with copy of complaint and certified order dated 6/21/2024 to the USMS for service upon receipt of USM 285 forms and payment. (jp, ) |
MAILED copy of order dated 6/21/2024, instructions and 2 blank USM 285 forms to Kerry L. Pope. (jp, ) |
Filing 6 MOTION by Plaintiff Kerry L. Pope for attorney representation. (jp, ) |
Filing 5 MOTION by Plaintiff Kerry L. Pope to Provide Proof of Full Payment of Filing Fee of $405.00. (jp, ) |
MAILED copy of the Clerk's Notice entry along with the Joint Consent Form to Kerry L. Pope. (jp, ) |
MAILED Copy of order #4 and IFP form to Plaintiff. (yxp, ) |
Filing 4 ORDER, Illinois prisoner Kerry L. Pope initiated this lawsuit without paying the filing fee or applying for leave to proceed in forma pauperis. If he wants to proceed further, he must do one of two things: (1) prepay the $405.00 filing fee or (2) apply to proceed in forma pauperis using the enclosed form. An application to proceed in forma pauperis must be accompanied by a certified account statement showing all transactions in his custodial account or accounts from October 29, 2023, to April 29, 2024. If he was incarcerated at more than one facility during that time, he must obtain an account statement from each facility. Plaintiff also must disclose the amount of money he received from any source for the past twelve months, not just the six-month period reflected on his account statement. Alternatively, he may pay the $405.00 filing fee by submitting a check or money order payable to Clerk, United States District Court. Failure to comply by June 11, 2024, will result in dismissal of this lawsuit. Plaintiff should be aware that he must pay the filing fee even if the case is summarily dismissed. See 28 U.S.C. 1915(b)(1). The Court defers consideration of Plaintiff's complaint and motion for attorney representation until after his fee status is resolved. The Clerk of Court is directed to send Plaintiff a blank application to proceed in forma pauperis along with a copy of this order. Signed by the Honorable Iain D. Johnston on 5/9/2024: Mailed notice(yxp, ) |
Filing 3 MOTION by Plaintiff Kerry L. Pope for attorney representation (pg, ) |
Filing 2 PRISONER CIVIL Cover Sheet (pg, ) |
Filing 1 RECEIVED Complaint and 0 copies by Kerry L. Pope (Attachments: #1 Exhibits)(pg, ) |
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. (pg, ) |
CASE ASSIGNED to the Honorable Iain D. Johnston and Honorable Margaret J. Schneider. Designated as Magistrate Judge the Honorable Margaret J. Schneider. FEE DUE, NO INFORMA PAUPERIS APPLICATION SUBMITTED. Case assignment: Random assignment. (pg, ) |
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