Mathison v. United States of America et al
| Ryan Keith Mathison |
| Marty McLaughlin, Unknown Defendants, United States of America and Joshua I Grant |
| 4:2018cv01851 |
| August 13, 2018 |
| US District Court for the Northern District of Ohio |
| Youngstown Office |
| Columbiana |
| Sara Lioi |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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| Document Text |
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| Filing 11 Civil Cover Sheet to #1 Complaint filed by Ryan Keith Mathison. Related document(s) #1 , #10 . (M,S) |
| Filing 10 CASE TRANSFERRED IN from District of Illinois Central. Case number 1:18-cv-01173. Electronic file, transfer order and docket sheet received. |
| Judge Sara Lioi assigned to case. (W,CM) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Kathleen B. Burke. (W,CM) |
| Remark by Clerk: This case was assigned and processed without the filing of a Civil Cover Sheet, which is required by Local Rule 3.13(a). Without the Civil Cover Sheet, the Clerk does not know if this case is related to or is a refiling of a pending/terminated case in this Court., Copy of #1 Complaint and blank Civil Cover Sheet mailed to Ryan Keith Mathison #03219-029 at Elkton Federal Correctional Institution, P.O. Box 10, Lisbon, Ohio 44432 on 8/13/2018. Related document(s) #1 . (W,CM) |
TEXT ORDER RE: TRANSFER entered by Judge Michael M. Mihm on 8/9/2018. Plaintiff filed this action complaining that the United States of American and Assistant United States Attorney Marty McLaughlin improperly seized settlement funds he received in a separate lawsuit. The Plaintiff was directed to file a supplemental brief demonstrating that this case was appropriately filed in this District, and further warned that the failure to do so would result in this Court transferring the case to the District were Plaintiff is currently incarcerated. Plaintiff has made no attempt to adhere to the Court's directive within the time frame set forth in the Order (ECF No. #9 ). As such, the Clerk of the Court is DIRECTED to transfer this case to the United States District Court for the Northern District of Ohio.(JS, ilcd) [Transferred from ilcd on 8/13/2018.]
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| Prisoner Initial Partial Filing Fee received 6/25/2018, in the amount of $52.91; receipt number 14626032273. (VH, ilcd) [Transferred from ilcd on 8/13/2018.] |
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Filing 9
ORDER entered by Judge Michael M. Mihm on 6/7/18. Based on the allegations of the Complaint, the Court cannot find that this case is properly brought in this District. Plaintiff is currently incarcerated in another District, and there is no connection to this District other than that the funds that were ultimately seized were from a settlement in a case he had pursued here and naming, without any particular allegations, an AUSA from this District. However, because Plaintiff has named AUSA Grant as a party, the Court cautiously moves forward by allowing the Plaintiff to provide a short statement supplementing his Complaint to establish venue in this District is proper, including providing additional information regarding the named Defendants and their involvement. Alternatively, Plaintiff may request that this Court transfer the matter to the District of his incarceration. Petitioner is given until June 29, 2018, to file the supplement. Failure to do so will result in the Court transferring the case to the Northern District of Ohio. The Court also finds it appropriate to address Petitioner's request for counsel #4 at this time. The Motion for Counsel requires this Court to perform a separate analysis. The Court must consider the factors set forth in Merritt v. Faulkner, 697 F.2d 761, 763 (7th Cir. 1983) in determining whether or not counsel is warranted. After careful consideration, the Court finds that the appointment of counsel in not warranted - at least not at this time. The Plaintiff is appears competent to address the legal issues currently before the Court. In fact, Plaintiff has demonstrated more than a minimal understanding of legal principles. Furthermore, Plaintiff has not set forth any physical or mental disability which might preclude him from adequately investigating the facts related to the instant matter. See Merritt, 697 F.2d at 765. Finally, Plaintiff does not provide any information related to his attempt to secure counsel on his own. As such, the Motion for Counsel is DENIED at this time. SEE FULL WRITTEN ORDER. (FDS, ilcd) [Transferred from ilcd on 8/13/2018.]
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TEXT ORDER granting #4 Petition to Proceed In Forma Pauperis: Plaintiff's petition for leave to proceed in forma pauperis is granted #4 . Pursuant to 28 U.S.C. Section 1915(b) (1), Plaintiff is assessed an initial partial filing fee of $ 52.91. The agency having custody of Plaintiff is directed to forward the initial partial filing fee from Plaintiff's account to the Clerk of Court. After payment of the initial partial filing fee (or immediately if no funds are available for that payment) the agency having custody of Plaintiff shall make monthly payments of 20 percent of the preceding month's income credited to Plaintiff's account to the Clerk of Court. Income includes all deposits from any source. The agency having custody of the plaintiff shall forward these payments each time Plaintiff's account exceeds $10, until the filing fee of $350 is paid in full. The Clerk is directed to mail a copy of this order to Plaintiff's place of confinement, to the attention of the Trust Fund Office. Entered by Judge Michael M. Mihm on 6/7/18. (FDS, ilcd) [Transferred from ilcd on 8/13/2018.]
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| Filing 8 +++ PRISONER TRUST FUND LEDGER by Ryan Keith Mathison. (RK, ilcd) [Transferred from ilcd on 8/13/2018.] |
| Filing 7 Letter from Clerk's Office to Trust Fund Office at FCI Elkton requesting trust fund ledgers for the period 10/26/17-4/26/18 as to Ryan Keith Mathison. (TK, ilcd) [Transferred from ilcd on 8/13/2018.] |
| Filing 6 Case transferred in from District of Iowa Northern; Case Number 5:18-cv-04013. . [Transferred from ilcd on 8/13/2018.] |
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Filing 5
ORDER granting #3 PRO SE MOTION to Transfer Case filed by Ryan Keith Mathison. Signed by Chief Judge Leonard T Strand on 4/25/2018. Case electronically transferred to Central District of Illinois. (copy w/nef to pro se pltf) (mml) [Transferred from ilcd on 8/13/2018.]
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| Filing 4 PRO SE MOTION for Leave to Proceed in forma pauperis and PRO SE MOTION to Appoint Counsel by Plaintiff Ryan Keith Mathison (nef to non-ecf filer) (des) [Transferred from ilcd on 8/13/2018.] |
| Filing 3 PRO SE MOTION to Transfer Case filed by Plaintiff Ryan Keith Mathison (Copy w/NEF mailed to pro se Plaintiff Ryan Mathison) (kfs) [Transferred from ilcd on 8/13/2018.] |
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Filing 2
ORDER re #1 Complaint filed by Ryan Keith Mathison: The plaintiff is directed to either pay the filing fee ($350 plus a $50 administrative fee) or file an application to proceed in forma pauperis which comports with the rules set out in the Order. If plaintiff fails to supplement the record or pay the filing fee within 28 days, this case will be dismissed with no further order by the Court. See Order for further details. Signed by Chief Judge Leonard T Strand on 3/5/2018. (Order w/ NEF mailed to pltf) (mml) [Transferred from ilcd on 8/13/2018.]
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| Filing 1 PRO SE COMPLAINT with Jury Demand against All Defendants filed by Ryan Keith Mathison. Dismissal Deadline 6/4/2018 (nef to non-ecf filer) (des) [Transferred from ilcd on 8/13/2018.] |
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