French et al v. Wills et al
| Marcellus French, Nicholas Ayala, Chappel Craigen and Allen Ford |
| John Doe 2, John Doe 3, John Doe 1, Sterrett and Anthony Wills |
| 3:2024cv01462 |
| June 6, 2024 |
| U.S. District Court for the Southern District of Illinois |
| David W Dugan |
| Prison Condition |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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This docket was last retrieved on February 25, 2026. A more recent docket listing may be available from PACER.
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Filing 29
ORDER: Plaintiff's Motion for a Copy (Doc. 28) is GRANTED. The Clerk of Court is DIRECTED to send Plaintiff Nicholas Ayala a one-time courtesy copy of the Complaint (Doc. 1 at pages 1-42). Future copies will cost $0.50/page, and can be requested by writing from the Clerk, instead of by motion. Signed by Judge David W. Dugan on 7/29/2024. (kgk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 28 MOTION FOR Copy of Complaint by Nicholas Ayala. (kare) |
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Filing 27
ORDER: Three Plaintiffs in this matter--Marcellus French (Doc. 13), Chappel Craigen (Doc. 25) and Allen Ford (Doc. 26)--have moved to certify this case as a class action. The Plaintiffs are pro se inmates who are currently incarcerated, and all seek to challenge their ability to observe their religion at Menard. Although the subject of their lawsuit and their claims may be identical or substantially similar, this matter cannot be certified as a class action because pro se parties are not allowed to act as lawyers on each other's behalf, and thus they cannot receive class certification. See e.g., Howard v. Pollard, 814 F.3d 476, 478 (7th Cir. 2015) (it is not an abuse of discretion to deny pro se litigants class certification because they are not adequate representatives of the class). Accordingly, to the extent they have moved for class certification, the Motions (Docs. 13, 25, 26) are DENIED. However, the Plaintiffs may decide to proceed together in this case, as the Court previously explained in the July 16, 2024 Order. If the Plaintiffs want to proceed together in a single case, they can do this, but they are still required to EACH pay a filing fee, and to EACH personally sign the complaint and any future document filed in this case. Chappel Craigen and Allen Ford shall have until August 5, 2024, to send the Court personally signed copies of the complaint. If they fail to do this, they might be dismissed from this lawsuit. Signed by Judge David W. Dugan on 7/25/2024. (kgk)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 26 MOTION to Certify Class by Allen Ford. (kare) |
| Filing 25 MOTION to Certify Class by Chappel Craigen. (kare) |
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Filing 24
ORDER: For the reasons explained in this Order, Plaintiffs Allen Ford, Nicholas Ayala and Chappel Craigen shall advise the Court in writing on or before August 5, 2024, whether they wish to continue in this group case. Each individual who wishes to continue must submit a signed copy of the complaint. The Clerk of Court is DIRECTED to send Ford, Ayala and Craigen copies of pages 1-42 of the Complaint so that they may review it and return it signed if they want to proceed. If these Plaintiffs want individual cases, or wish to withdraw from this case, they should also advise the Court of those wishes by August 5, 2024. Signed by Judge David W. Dugan on 7/16/2024. (kgk)
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| Filing 23 Prisoner Trust Fund Account Statement by Chappel Craigen. (kare) |
| Filing 22 MOTION for Leave to Proceed in forma pauperis by Nicholas Ayala. (Attachments: #1 Trust Fund Statement)(kare) |
| Filing 21 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare) |
| Filing 20 Prisoner Trust Fund Account Statement by Nicholas Ayala. (kare) |
| Filing 19 Prisoner Trust Fund Account Statement by Nicholas Ayala. (kare) |
| Filing 18 Letter from Nicholas Ayala (kare) |
| Filing 17 NOTICE OF CASE ASSIGNMENT/REASSIGNMENT: Pursuant to Administrative Order No. 386, this case will remain with the assigned District Judge David W. Dugan. This Notice does not alter any prior referrals of motions or matters pursuant to 28 U.S.C. Sec. 636(b)(1-3). (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 16 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
| Filing 15 MOTION for Leave to Proceed in forma pauperis by Marcellus French. (jaj) |
| Filing 14 AFFIDAVIT by Marcellus French. (jaj) |
| Filing 13 MOTION to Proceed as a Class in Action by Marcellus French. (jaj) |
| Filing 12 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 9 Consent/Non-Consent to US Magistrate Judge. Document filed in incorrect case. Entry stricken and document removed.(jaj) |
| Filing 11 MOTION for Leave to Proceed in forma pauperis by Chappel Craigen. (kare) |
| Filing 10 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare) |
| Filing 9 ENTRY STRICKEN - CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare) Modified on 6/20/2024 (jaj). |
| Filing 8 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #7 Consent/Non-Consent to US Magistrate Judge. The Clerks Office received your Consent to Proceed Before a Magistrate Judge Jurisdiction form. The form is incomplete. Your signatures are absent from the form. Therefore, the pleading is STRICKEN. Please refile completed document. Another form is attached to this notice. Please note that, pursuant to the Courts prior Order, the deadline for submitting this form is 6/27/2024. (kare)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 7 STRICKEN - CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (kare) Modified on 6/13/2024 (kare). |
| Filing 6 MOTION for Leave to Proceed in forma pauperis by Marcellus French. (kare) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis by Allen Ford. (jaj) |
| Filing 4 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (jaj) |
| Filing 3 NOTICE FROM CLERK Instructing Plaintiffs to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 257, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Plaintiffs on 6/6/2024. Consent due by 6/27/2024 (kare) |
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Filing 2
NOTICE AND ORDER: The Court has received your Complaint. Your case number is 24-1462-DWD. Within 30 days of the entry of this Order, you are ORDERED to submit the $405.00 filing fee or a motion to proceed without prepayment of the filing fee. If you file a motion to proceed without prepayment of the filing fee, the Court must review your trust fund account statement for the six-month period immediately preceding the filing of this action. Thus, you must have the Trust Fund Officer at your facility complete the attached certification and provide a copy of your trust fund account statement (or institutional equivalent). If you fail to pay the filing fee or submit the motion to proceed without prepayment of the filing fee by the deadline, the case will be dismissed without prejudice for failure to prosecute. FED. R. CIV. P. 41(b); Sperow v. Melvin, 153 F.3d 780, 781 (7th Cir. 1998). All mail should be sent to: Clerk's Office, U.S. District Court, 750 Missouri Avenue, East St. Louis, IL 62201. Finally, you are advised that if your address changes, you must notify the Court within fourteen days of the change by filing a Notice of Change of Address. Failure to do so could result in the dismissal of your case. Signed by Judge David W. Dugan on 6/6/2024. (kare)
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| Filing 1 COMPLAINT against John Doe 1, John Doe 2, John Doe 3, Sterrett, Anthony Wills, filed by Nicholas Ayala, Allen Ford, Marcellus French, Chappel Craigen.(kare) |
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