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Filed: 7/18/2008, Entered: 7/18/2008 |
Prisoner Partial Filing Fee Received |
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Prisoner Partial Filing Fee received in the amount of $ 3.84; receipt number 24626000262 (KW, ilcd)
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Filed: 6/18/2008, Entered: 6/18/2008 |
Prisoner Partial Filing Fee Received |
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Prisoner Partial Filing Fee received in the amount of $ 4.67; receipt number 24626000170 (KW, ilcd)
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Filed: 5/16/2008, Entered: 5/16/2008 |
Prisoner Partial Filing Fee Received |
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Prisoner Partial Filing Fee received in the amount of $ 5.76; receipt number 24626000095. (VB, ilcd)
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Filed: 4/11/2008, Entered: 4/11/2008 |
Prisoner Partial Filing Fee Received |
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Prisoner Partial Filing Fee received in the amount of $ 5.76; receipt number 2462000018. (VB, ilcd) Modified on 4/17/2008 to correct the receipt number (VB, ilcd).
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Filed: 3/13/2008, Entered: 3/13/2008 |
Prisoner Partial Filing Fee Received |
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Prisoner Partial Filing Fee received in the amount of $ 5.49; receipt number U6307. (VB, ilcd)
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Filed: 2/12/2008, Entered: 2/14/2008 |
Prisoner Partial Filing Fee Received |
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Prisoner Partial Filing Fee received in the amount of $ 4.12; receipt number U 6243 (KW, ilcd)
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Filed: 2/11/2008, Entered: 2/14/2008 |
Prisoner Partial Filing Fee Received |
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Prisoner Partial Filing Fee received in the amount of $ 4.12; receipt number P 21381 (KW, ilcd)
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Filed: 1/18/2008, Entered: 1/22/2008 |
Prisoner Partial Filing Fee Received |
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Prisoner Partial Filing Fee received in the amount of $ 3.57; receipt number P 21185 (KW, ilcd)
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Filed: 1/17/2008, Entered: 1/18/2008 |
Prisoner Partial Filing Fee Received |
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Prisoner Partial Filing Fee received in the amount of $ 3.57; receipt number U 6200 (KW, ilcd)
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Filed: 12/20/2007, Entered: 12/21/2007 |
Prisoner Partial Filing Fee Received |
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Prisoner Partial Filing Fee received in the amount of $ 5.49; receipt number P20965. (VB, ilcd)
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Filed: 12/20/2007, Entered: 12/20/2007 |
Prisoner Partial Filing Fee Received |
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Prisoner Partial Filing Fee received in the amount of $ 5.49; receipt number U6157. (VB, ilcd)
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 101 |
Filed: 12/13/2007, Entered: 12/13/2007 |
Prisoner Appeal Fee |
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Prisoner Appeal Fee received in the amount of $ 2.20; receipt number U006137. (VB, ilcd)
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Filed: 12/13/2007, Entered: 12/18/2007 |
Prisoner Partial Filing Fee Received |
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Prisoner Partial Filing Fee received in the amount of $ 2.20; receipt number P 20890 (KW, ilcd)
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Filed: 11/16/2007, Entered: 11/19/2007 |
Prisoner Partial Filing Fee Received |
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Prisoner Partial Filing Fee received in the amount of $ 3.84; receipt number P20675. (VB, ilcd)
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| 100 |
Filed: 10/19/2007, Entered: 10/19/2007 |
Appeal Record Returned |
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Appeal Record Returned: Consisting of 2 volumes of pleadings (KW, ilcd)
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| 99 |
Filed: 10/16/2007, Entered: 10/16/2007 |
Order |
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ORDER Entered by Chief Judge Michael P. McCuskey on 10/16/07. Pursuant to the October 11, 2007, mandate, in appellate case number 06-3309, from theUnited States Court of Appeals, Seventh Circuit, docket entry #98 the agency having custody of theplaintiff, Richard Martinez, R 27565, is directed to remit the appellate docketing fee of $455 fromhis prison trust fund account if such funds are available. If he does not have $455 in his account,the agency must send 20 percent of the current balance, or the average balance during the past sixmonths, whichever amount is higher; thereafter, the agency shall begin forwarding monthlypayments from the plaintiff's trust fund account to the Clerk of Court each time the plaintiff'saccount exceeds $10 until the statutory appeal fee of $455 is paid in its entirety. The United StatesCourt of Appeals is notified, via a copy of this order. See written order.(KW, ilcd)
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| 98 |
Filed: 10/15/2007, Entered: 10/15/2007 |
USCA Order |
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ORDER of USCA as to Notice of Appeal [75] filed by Richard Bryan Martinez is DISMISSED (KW, ilcd)
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| 97 |
Filed: 10/15/2007, Entered: 10/15/2007 |
USCA Mandate |
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MANDATE of USCA as to [75] Notice of Appeal filed by Richard Bryan Martinez (KW, ilcd)
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Filed: 10/12/2007, Entered: 10/16/2007 |
Prisoner Partial Filing Fee Received |
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Prisoner Partial Filing Fee received in the amount of $ 3.27; receipt number P 20367 (KW, ilcd)
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Filed: 9/19/2007, Entered: 9/20/2007 |
Prisoner Partial Filing Fee Received |
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Prisoner Partial Filing Fee received in the amount of $ 5.76; receipt number P 20138 (KW, ilcd)
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| 96 |
Filed: 8/23/2007, Entered: 8/23/2007, Terminated: 10/15/2007 |
USCA Order |
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ORDER of USCA DENYING motion for leave to appeal in forma pauperis as to Notice of Appeal [75] filed by Richard Bryan Martinez and directing appellant to pay the docketing fee within 14 days. (KW, ilcd) Modified on 8/23/2007 (KW, ilcd).
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Filed: 8/13/2007, Entered: 8/14/2007 |
Prisoner Partial Filing Fee Received |
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Prisoner Partial Filing Fee received in the amount of $ 3.57; receipt number P 19834 (KW, ilcd) Modified on 8/15/2007 (KW, ilcd).
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| 95 |
Filed: 7/16/2007, Entered: 7/16/2007, Terminated: 10/15/2007 |
Letter of Transmittal USCA |
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Letter of Transmittal from USCA re [75] Notice of Appeal. (KW, ilcd)
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Filed: 7/16/2007, Entered: 7/17/2007 |
Prisoner Partial Filing Fee Received |
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Prisoner Partial Filing Fee received in the amount of $ 4.67; receipt number P 19611 (KW, ilcd)
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| 94 |
Filed: 7/12/2007, Entered: 7/12/2007, Terminated: 10/15/2007 |
Letter of Transmittal USCA |
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Letter of Transmittal to USCA re [75] Notice of Appeal. (Attachments: # (1) civil docket sheet)(KW, ilcd)
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Filed: 7/12/2007, Entered: 7/12/2007, Terminated: 10/15/2007 |
Appeal Record Sent to USCA |
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Certified and Transmitted Record on Appeal to US Court of Appeals re [75] Notice of Appeal consisting of 2 volumes of pleadings (KW, ilcd)
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| 93 |
Filed: 7/11/2007, Entered: 7/12/2007 |
Request from USCA for Long Record |
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Request from USCA for Long Record re[75] Notice of Appeal. (KW, ilcd)
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Filed: 6/21/2007, Entered: 6/21/2007 |
Prisoner Partial Filing Fee Received |
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Prisoner Partial Filing Fee received in the amount of $ 3.29; receipt number P 19402 (KW, ilcd)
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Filed: 5/11/2007, Entered: 5/14/2007 |
Prisoner Partial Filing Fee Received |
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Prisoner Partial Filing Fee received in the amount of $ 1.50; receipt number P 19081 (KW, ilcd)
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| 92 |
Filed: 4/30/2007, Entered: 5/1/2007 |
USCA Order |
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ORDER of USCA as to Notice of Appeal [75] filed by Richard Bryan Martinez is reinstated (KW, ilcd)
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Filed: 4/16/2007, Entered: 4/17/2007 |
Prisoner Partial Filing Fee Received |
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Prisoner Partial Filing Fee received in the amount of $ 2.00; receipt number P 18849 (KW, ilcd)
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| 91 |
Filed: 4/12/2007, Entered: 4/12/2007 |
Letter |
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Letter from the Clerk to the plaintiff requesting $2.30 for copies requested by the plaintiff. (MT, ilcd)
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| 90 |
Filed: 4/12/2007, Entered: 4/12/2007 |
Letter |
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Letter from plaintiff requesting copy of docket sheet and amended complaint (MT, ilcd)
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| 89 |
Filed: 4/2/2007, Entered: 4/2/2007, Terminated: 10/15/2007 |
USCA Mandate |
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VACATED MANDATE of USCA as to Notice of Appeal [75] filed by Richard Bryan Martinez is dismissed (KW, ilcd) Modified on 5/1/2007; pursuant to USCA entered on 4/30/07 (KW, ilcd).
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| 88 |
Filed: 2/23/2007, Entered: 2/23/2007 |
Response |
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Response by Lisa Staples, Tom Frost re [83] Brief Supporting Grounds for Appeal. (Krchak, David)
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| 87 |
Filed: 2/22/2007, Entered: 2/22/2007 |
Order on Motion for Leave to Appeal in forma paupe |
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ORDER Entered by Judge Michael P. McCuskey on 2/22/07. Motion for Leave to Appeal in forma pauperis [81] is denied. See written order. Copy mailed to plaintiff and USCA. (KW, ilcd)
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| 86 |
Filed: 2/21/2007, Entered: 2/21/2007 |
Response to Motion |
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RESPONSE to Motion re [81] MOTION for Leave to Appeal in forma pauperis filed by Defendants County of Champaign, Illinois, Jonathan Reifsteck, Tim Voges, Tracy Wagner. (Frederick, Robert)
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| 85 |
Filed: 2/20/2007, Entered: 2/20/2007 |
Response |
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Response by Sean Taylor, Urbana, City of re [83] Brief Supporting Grounds for Appeal. (Small, Howard)
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Filed: 2/20/2007, Entered: 2/21/2007 |
Prisoner Partial Filing Fee Received |
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Prisoner Partial Filing Fee received in the amount of $ 2.00; receipt number P 8335 mailed to prisoner. (KW, ilcd)
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| 84 |
Filed: 2/15/2007, Entered: 2/15/2007 |
Certificate |
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CERTIFICATE OF SERVICE from plaintiff re [83] Brief Supporting Grounds for Appeal. (VB, ilcd)
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| 83 |
Filed: 2/15/2007, Entered: 2/15/2007 |
Brief |
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BRIEF SUPPORTING GROUNDS FOR APPEAL by Richard Bryan Martinez. (Attachments: # (1) Exhibit A-B) (VB, ilcd)
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| 82 |
Filed: 1/26/2007, Entered: 1/26/2007 |
Order |
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ORDER Entered by Chief Judge Michael P. McCuskey on 1/26/07. Miscellaneous Deadline 2/16/2007. See written order.(KW, ilcd)
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Filed: 1/11/2007, Entered: 1/12/2007 |
Prisoner Partial Filing Fee Received |
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Prisoner Partial Filing Fee received in the amount of $ 1.84; receipt number P 17983 mailed to prisoner. (KW, ilcd)
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Filed: 11/13/2006, Entered: 11/14/2006 |
Prisoner Partial Filing Fee Received |
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Prisoner Partial Filing Fee received in the amount of $ 1.29; receipt number P 7481 mailed to prisoner. (KW, ilcd)
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| 81 |
Filed: 10/27/2006, Entered: 10/27/2006, Terminated: 2/22/2007 |
Motion for Leave to Appeal In Forma Pauperis |
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MOTION for Leave to Appeal in forma pauperis by Plaintiff Richard Bryan Martinez.Responses due by 11/10/2006 (KW, ilcd)
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Filed: 10/19/2006, Entered: 10/19/2006 |
Set/Reset Deadlines: |
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Set/Reset Deadlines: Miscellaneous Deadline 10/27/2006 plaintiff to file a motion to proceed in forma pauperis (KW, ilcd)
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Filed: 10/19/2006, Entered: 10/19/2006 |
Order on Motion |
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TEXT ORDER Entered by Chief Judge Michael P. McCuskey on 10/19/2006. Before the court is the plaintiff's motion for enlargement of time to prepare his issues for appeal, up to and including November 1, 2006 [77]. Motion allowed only to the extent the plaintiff shall pay the required appellate fees or file a motion to proceed in forma pauperis with the clerk of this court by October 27, 2006. (KW, ilcd)
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| 80 |
Filed: 9/13/2006, Entered: 9/13/2006, Terminated: 10/15/2007 |
USCA Order |
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ORDER of USCA as to [75] Notice of Appeal filed by Richard Bryan Martinez; extending appellant time to pay a filing fee or file a motion for to proceed informa pauperis (KW, ilcd) Modified on 9/14/2006; Typo corrected. (KW, ilcd).
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| 79 |
Filed: 9/5/2006, Entered: 9/5/2006, Terminated: 10/15/2007 |
USCA Notice of Docketing ROA |
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NOTICE of Docketing Record on Appeal from USCA re [75] Notice of Appeal filed by Richard Bryan Martinez. USCA Case Number 06-3309 (KW, ilcd)
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| 78 |
Filed: 8/29/2006, Entered: 8/29/2006, Terminated: 10/15/2007 |
Short Record of Appeal Sent to USCA |
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Short Record of Appeal Sent to US Court of Appeals re [75] Notice of Appeal (Attachments: # (1) # (2))(KW, ilcd)
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Filed: 8/29/2006, Entered: 8/29/2006 |
Order on Motion to Appoint Counsel |
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TEXT ORDER Entered by Chief Judge Michael P. McCuskey on 8/29/2006.Before the court is the plaintiff's motion for appointment of counsel [76]. This case was terminated on August 2, 2006 and plaintiff has filed a notice of appeal. Therefore, this court does not have jurisdiction to rule on the plaintiff's motion for appointment of counsel. The plaintiff must file such motion with the United States Court of Appeals for the Seventh Circuit. The plaintiff's motion is denied due to lack of jurisdiction [76]. (KW, ilcd)
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| 77 |
Filed: 8/28/2006, Entered: 8/28/2006, Terminated: 10/19/2006 |
Motion for Order |
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MOTION for Order for enlargement of time to file a memorandum in support of notice of appeal by Plaintiff Richard Bryan Martinez.Responses due by 9/11/2006 (KW, ilcd)
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| 76 |
Filed: 8/28/2006, Entered: 8/28/2006, Terminated: 8/29/2006 |
Motion to Appoint Counsel |
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MOTION to Appoint Counsel on appeal by Plaintiff Richard Bryan Martinez.Responses due by 9/11/2006 (KW, ilcd)
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| 75 |
Filed: 8/28/2006, Entered: 8/28/2006, Terminated: 10/15/2007 |
Notice of Appeal |
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NOTICE OF APPEAL as to [73] Order on Motion to Dismiss, Order on Motion for Summary Judgment,,,,,,,,,,,,,,,,,,,,,, [74] Judgment by Richard Bryan Martinez. Appeal Record due by 8/28/2006. (KW, ilcd)
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| 74 |
Filed: 8/2/2006, Entered: 8/2/2006 |
Judgment* |
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JUDGMENT entered. This case is dismissed, each party to bear its own costs. (MT, ilcd)
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| 73 |
Filed: 8/2/2006, Entered: 8/2/2006 |
Order on Motion to Dismiss |
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ORDER entered by Judge Michael P. McCuskey on 8/2/06. It is therefore ordered: 1. Pursuant to Fed. R. Civ. P. Rule 12(b)(6), the defendants' motion to dismiss, [33], is granted. Pursuant to Fed. R. Civ. P. Rule 12(b)(6), the plaintiff's entire complaint is dismissed as the plaintiff has failed to state a claim against the defendants. The clerk of the court is directed to terminate this lawsuit, forthwith. 2. The parties are to bear their own costs. 3. Based on the foregoing, the summary judgment motions, [51] and [54]are rendered moot. 4. This dismissal shall count as one of the plaintiff's three allotted strikes pursuant to 28 U.S.C. Section 1915(g). The clerk of the court is directed to record the plaintiff' strike in the three-strike log.5. The clerk is directed to mail a copy of this order to the plaintiff's place of confinement, to the attention of the trust fund office. Release from incarceration does not relieve the plaintiff's obligation to pay the filing fee in full. The plaintiff must notify the clerk of the court of a change of address and phone number within seven days of such change. 6. If the plaintiff wishes to appeal this dismissal, he may file a notice of appeal with this court within 30 days of the entry of judgment. Fed. R. App. P. 4(a). A motion for leave to appeal in forma pauperis should set forth the issues the plaintiff plans to present on appeal. See Fed. R. App. P. 24(a)(1)(C). If the plaintiff does choose to appeal, he will be liable for the appellate filing fee irrespective of the outcome of the appeal. Furthermore, if the appeal is found to be non-meritorious, the plaintiff may also accumulate another strike under 28 U.S.C. 1915(g). The plaintiff is advised that the appellate filing fee is currently $455.00. (MT, ilcd)
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Filed: 7/28/2006, Entered: 7/28/2006 |
Prisoner Partial Filing Fee Received |
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Prisoner Partial Filing Fee received in the amount of $ 2.70; receipt number U 5066 mailed to prisoner. (KW, ilcd)
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Filed: 7/26/2006, Entered: 7/26/2006 |
Order on Motion to Strike |
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TEXT ORDER Entered by Chief Judge Michael P. McCuskey on 7/26/2006. As the court denied the plaintiff's motion to amend his complaint, d/e 58, in its June 6, 2006 order, the defendants' motion to strike transcribed statements attached to proposed amended complaint, d/e 69, is rendered moot. (KW, ilcd)
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| 72 |
Filed: 7/24/2006, Entered: 7/24/2006 |
Notice of Change of Address |
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NOTICE of Change of Address by Richard Bryan Martinez; Richard Martinez, R 27565, P. O. Box 112, Stateville Corr Center, Joliet, IL. 60434 (KW, ilcd)
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Filed: 7/5/2006, Entered: 7/5/2006 |
Prisoner Partial Filing Fee Received |
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Prisoner Partial Filing Fee received in the amount of $.96; receipt number U 5012 mailed to prisoner. (KW, ilcd)
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| 71 |
Filed: 6/13/2006, Entered: 6/13/2006 |
Letter |
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Letter from plaintiff Richard Martinez to Clerk re status of his case. Docket sheet mailed to plaintiff by Clerk. (VB, ilcd)
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Filed: 6/6/2006, Entered: 6/7/2006 |
Prisoner Partial Filing Fee Received |
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Prisoner Partial Filing Fee received in the amount of $ 2.85; receipt number U 4943 mailed to prisoner. (KW, ilcd)
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Filed: 6/6/2006, Entered: 6/6/2006 |
Order on Motion to Amend/Correct |
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TEXT ORDER Entered by Chief Judge Michael P. McCuskey on 6/6/2006. Before the court is the plaintiff's renewed motion for appointment of counsel, d/e 59, is denied. The plaintiff's motion to amend his complaint, d/e 58, is denied. In his motion, the plaintiff asserts that the defendants state that there is some confusion as to exactly what claims and factual allegations the plaintiff makes against each defendant and that by amending his complaint he can address these issues. However, the defendants have filed a summary judgment motion to which the plaintiff has filed a response. The plaintiff's motion to amend his complaint is denied. (KW, ilcd) Modified on 6/7/2006 (KW, ilcd).
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| 70 |
Filed: 6/2/2006, Entered: 6/2/2006 |
Memorandum in Support of Motion |
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MEMORANDUM in Support re [51] MOTION for Summary Judgment filed by Defendants Sean Taylor, Urbana, City of. (Freeman, Stanley)
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| 69 |
Filed: 6/2/2006, Entered: 6/2/2006, Terminated: 7/26/2006 |
Motion to Strike |
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MOTION to Strike by Defendants Sean Taylor, Urbana, City of. Responses due by 6/16/2006 (Small, Howard)
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| 68 |
Filed: 6/2/2006, Entered: 6/2/2006 |
Response to Motion |
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RESPONSE to Motion re [58] MOTION to Amend/Correct Complaint filed by Defendants Sean Taylor, Urbana, City of. (Small, Howard)
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| 67 |
Filed: 6/1/2006, Entered: 6/1/2006 |
Response to Motion |
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RESPONSE to Motion re [59] MOTION to Appoint Counsel filed by Defendants County of Champaign, Illinois, Jonathan Reifsteck, Tim Voges, Tracy Wagner. (Frederick, Robert)
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| 66 |
Filed: 6/1/2006, Entered: 6/1/2006 |
Response to Motion |
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RESPONSE to Motion re [58] MOTION to Amend/Correct filed by Defendants County of Champaign, Illinois, Jonathan Reifsteck, Tim Voges, Tracy Wagner. (Frederick, Robert)
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| 65 |
Filed: 5/31/2006, Entered: 5/31/2006 |
Brief |
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BRIEF Reply Brief in Support of Motion for Summary Judgment by Lisa Staples, Tom Frost, Champaign, City of. (Green, James)
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| 64 |
Filed: 5/31/2006, Entered: 5/31/2006 |
Response to Motion |
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RESPONSE to Motion re [59] MOTION to Appoint Counsel filed by Defendants Lisa Staples, Tom Frost, Champaign, City of. (Green, James)
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| 63 |
Filed: 5/31/2006, Entered: 5/31/2006 |
Response to Motion |
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RESPONSE to Motion re [58] MOTION to Amend/Correct Complaint filed by Defendants Lisa Staples, Tom Frost, Champaign, City of. (Green, James)
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| 62 |
Filed: 5/30/2006, Entered: 5/30/2006 |
Notice of Appearance |
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NOTICE of Appearance of Attorney by James D Green on behalf of Lisa Staples, Tom Frost, Champaign, City of (Green, James)
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| 61 |
Filed: 5/19/2006, Entered: 5/19/2006 |
Response to Motion |
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RESPONSE to Motion re [51] MOTION for Summary Judgment filed by Plaintiff Richard Bryan Martinez. (KW, ilcd)
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| 60 |
Filed: 5/19/2006, Entered: 5/19/2006 |
Response to Motion |
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RESPONSE to Motion re [54] MOTION for Summary Judgment filed by Plaintiff Richard Bryan Martinez. (KW, ilcd)
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| 59 |
Filed: 5/19/2006, Entered: 5/19/2006, Terminated: 6/6/2006 |
Motion to Appoint Counsel |
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MOTION to Appoint Counsel by Plaintiff Richard Bryan Martinez. Responses due by 6/2/2006 (KW, ilcd)
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| 58 |
Filed: 5/19/2006, Entered: 5/19/2006, Terminated: 6/6/2006 |
Motion to Amend/Correct |
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MOTION to Amend Complaint by Plaintiff Richard Bryan Martinez. Responses due by 6/2/2006 (Attachments: # (1) letter# (2) amd cmp# (3) Frost# (4) Reifsteck# (5) Staples# (6) Taylor# (7) Wagner)(KW, ilcd)
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Filed: 4/28/2006, Entered: 4/28/2006 |
Prisoner Partial Filing Fee Received |
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Prisoner Partial Filing Fee received in the amount of $3.00; receipt number U004862. (KM, ilcd)
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Filed: 4/21/2006, Entered: 4/21/2006 |
Notice of Docket Text or Event Modification |
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Notice of Docket Text or Event Modification: Corrected Judge's name. Judge McCuskey entered the text order on 4/21/06. (KW, ilcd)
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Filed: 4/21/2006, Entered: 4/21/2006 |
Order on Motion for Extension of Time to File Resp |
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TEXT ORDER Entered by Judge Michael P. McCuskey on 4/21/2006. The plaintiff's unopposed motion for extension of time to file a response to the defendants' summary judgment motions, d/e 57, is allowed. The plaintiff is allowed up to and including May 19, 2006 to file his response. Responses due by 5/19/2006. (KW, ilcd) Judge's names was corrected. Modified on 4/21/2006 (KW, ilcd).
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Filed: 3/20/2006, Entered: 3/22/2006 |
Prisoner Partial Filing Fee Received |
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Prisoner Partial Filing Fee received in the amount of $ 1.90; receipt number U 4761 mailed to prisoner. (KW, ilcd)
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| -- |
Filed: 3/3/2006, Entered: 3/3/2006 |
Prisoner Partial Filing Fee Received |
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Prisoner Prepayment Fee received in the amount of $ 2.00; receipt number U 4786 mailed to prisoner. (KW, ilcd)
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| 57 |
Filed: 2/17/2006, Entered: 2/17/2006, Terminated: 4/21/2006 |
Motion for Extension of Time to File Response/Repl |
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MOTION for Extension of Time to File Response to defendants' motion for summary judgment by Plaintiff Richard Bryan Martinez. Responses due by 3/3/2006 (KW, ilcd)
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| 56 |
Filed: 2/17/2006, Entered: 2/17/2006 |
Letter |
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Letter from plainitff requesting information about discovery. Rule 26.3 mailed to plaintiff. (KW, ilcd)
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| -- |
Filed: 2/6/2006, Entered: 2/6/2006 |
Order on Motion to Strike |
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TEXT ORDER Entered by Judge Michael P. McCuskey on 2/6/2006. As the plaintiff's motion is untimely, his motion to strike the defendants' affirmative defense, d/e 47, is denied. Defendants filed their answer on October 11, 2005. Plaintiff filed his motion January 16, 2006. (KW, ilcd)
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| 55 |
Filed: 2/3/2006, Entered: 2/3/2006 |
~Notice (other) |
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RULE 56 NOTICE re [54] Defendants City of Champaign, Lisa Staples, and Tom Frost's MOTION for Summary Judgment to plaintiff by Clerk. (VB, ilcd)
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| 54 |
Filed: 2/3/2006, Entered: 2/3/2006, Terminated: 8/2/2006 |
Motion for Summary Judgment |
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MOTION for Summary Judgment by Defendants Lisa Staples, Tom Frost, Champaign, City of. Responses due by 2/24/2006 (Krchak, David)
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| 53 |
Filed: 1/30/2006, Entered: 1/30/2006 |
~Notice (other) |
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NOTICE to plaintiff that he has 21 days to respond to defendants' motion for summary judgment (KW, ilcd)
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| 52 |
Filed: 1/30/2006, Entered: 1/30/2006 |
Memorandum in Support of Motion |
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MEMORANDUM in Support re [51] MOTION for Summary Judgment filed by Defendants Sean Taylor, Urbana, City of. (Small, Howard)
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| 51 |
Filed: 1/30/2006, Entered: 1/30/2006, Terminated: 8/2/2006 |
Motion for Summary Judgment |
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MOTION for Summary Judgment by Defendants Sean Taylor, Urbana, City of. Responses due by 2/20/2006 (Attachments: # (1) Exhibit)(Small, Howard)
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Filed: 1/25/2006, Entered: 1/27/2006 |
Prisoner Partial Filing Fee Received |
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Prisoner Prepayment Fee received in the amount of $ 3.00; receipt number U 4644 mailed to prisoner. (KW, ilcd)
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| 50 |
Filed: 1/24/2006, Entered: 1/24/2006 |
Response to Motion |
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RESPONSE to Motion re [47] MOTION to Strike filed by Defendants Sean Taylor, Urbana, City of. (Small, Howard)
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Filed: 1/19/2006, Entered: 1/19/2006 |
Order on Motion to Appoint Counsel |
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TEXT ORDER Entered by Judge Michael P. McCuskey on 1/19/2006. Before the court is the plaintiff's motion for appointment of counsel [d/e 48]. Appointment of counsel is not warranted in this case. Neither the legal issue raised in the complaint nor the evidence that might support the plaintiff's claims are so complex or intricate that a trained attorney is necessary. The plaintiff appears more than capable of presenting his case. The plaintiff has alleged no physical or mental disability that might preclude him from adequately investigating the facts giving rise to his complaint. See Merritt v. Faulkner, 697 F.2d 761, 765 (7th Cir. 1983). It should additionally be noted that the court grants pro se litigants wide latitude in the handling of their lawsuits. The motion is denied pursuant to Maclin v. Freake, 650 F.2d 885, 887-89 (7th Cir. 1981). See Merritt, 697 F.2d 761, 763 (7th Cir. 1983) and Jackson v. County of McLean, 953 F.2d 1070, 1071 (7th Cir. 1992). Further, as the plaintiff failed to submit a proposed amended complaint, alongwith his motion for leave to file an amended complaint, his motion to amend/correct his complaint, d/e 49, is denied. . (KW, ilcd)
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| 49 |
Filed: 1/17/2006, Entered: 1/17/2006, Terminated: 1/19/2006 |
Motion to Amend/Correct |
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MOTION to Amend Complaint by Plaintiff Richard Bryan Martinez. Responses due by 1/31/2006 (KW, ilcd)
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| 48 |
Filed: 1/17/2006, Entered: 1/17/2006, Terminated: 1/19/2006 |
Motion to Appoint Counsel |
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MOTION to Appoint Counsel by Plaintiff Richard Bryan Martinez. Responses due by 1/31/2006 (KW, ilcd)
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| 47 |
Filed: 1/17/2006, Entered: 1/17/2006, Terminated: 2/6/2006 |
Motion to Strike |
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MOTION to Strike defendants' affirmative defense by Plaintiff Richard Bryan Martinez. Responses due by 1/31/2006 (KW, ilcd)
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| 46 |
Filed: 1/17/2006, Entered: 1/17/2006 |
Response to Motion |
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RESPONSE to Motion re [33] MOTION to Dismiss filed by Plaintiff Richard Bryan Martinez. (KW, ilcd)
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| -- |
Filed: 12/19/2005, Entered: 12/20/2005 |
Prisoner Partial Filing Fee Received |
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Prisoner Prepayment Fee received in the amount of $ 3.00; receipt number U 4552 mailed to prisoner. (KW, ilcd)
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| -- |
Filed: 12/13/2005, Entered: 12/13/2005 |
Order on Motion to Dismiss |
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TEXT ORDER Entered by Judge Michael P. McCuskey on 12/13/2005. The plaintiff's unopposed motion for substitution of parties, d/e 42, which this court interprets as a motion to voluntarily dismiss a party is granted. The plaintiff advises the court that Steven Carter is not a defendant in this case. The clerk of the court is directed to terminate Steven Carter as a defendant in this case, forthwith. As a result, Steven Carter's motion to dismiss is rendered moot, d/e 31. The plaintiff's unopposed motion for extension of time, d/e 43, to file a response to the defendants' motion to dismiss is granted. The plaintiff is allowed up to and including January 15, 2006 to file his response to the defendants' pending motion to dismiss. The plaintiff's motion for extension of time, d/e 40, filed on October 31, 2005 is rendered moot. The plaintiff's motion for order for the clerk of the court to correct the record is denied. The defendants are correct that the clerk of the court filed the plaintiff's complaint when the court ruled on the plaintiff's petition to proceed in forma pauperis. Motion denied. However, as the plaintiff was incarcerated at the time he mailed the amended complaint to the clerk of the court, the mailbox rule is applicable in this case. See Houston v. Lack, 87 U. S. 266 (1988) (prisoners who do not have a lawyer are deemd to file a notice of appeal from an adverse judgment when they deliver the notice to the prison authorities. In the court's May 31, 2005 order the court noted that the plaintiff's amended complaint was received on May 31, 2005. The plaintiff's petition to proceed in forma pauperis was received on April 8, 2005 and ruled upon on August 25, 2005. The December 14, 2005 Rule 16 conference is cancelled pending resolution of the pending dispositive motion. The clerk of the court is directed to cancel the writ for the plaintiff's appearance and to notify the plaintiff's place of incarceration, forthwith. (KW, ilcd)
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| -- |
Filed: 12/2/2005, Entered: 12/2/2005 |
Prisoner Partial Filing Fee Received |
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Prisoner Prepayment Fee received in the amount of $ 2.93; receipt number U 4504 mailed to prisoner. (KW, ilcd)
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| 45 |
Filed: 12/1/2005, Entered: 12/1/2005 |
Report of Rule 26.f Planning Meeting |
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REPORT of Rule 26(f) Planning Meeting by Lisa Staples, Tom Frost, Steven C Carter, Champaign, City of. (Krchak, David)
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| Save 25% on a pre-paid one year subscription. |
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| 44 |
Filed: 11/17/2005, Entered: 11/17/2005 |
Response to Motion |
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RESPONSE to Motion re [41] MOTION for Order filed by Defendants County of Champaign, Illinois, Jonathan Reifsteck, Tim Voges, Tracy Wagner. (Frederick, Robert)
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| 43 |
Filed: 11/15/2005, Entered: 11/15/2005, Terminated: 12/13/2005 |
Motion for Extension of Time to File Response/Repl |
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MOTION for Extension of Time to File Response by Plaintiff Richard Bryan Martinez. Responses due by 11/29/2005 (KW, ilcd)
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| 42 |
Filed: 11/15/2005, Entered: 11/15/2005, Terminated: 12/13/2005 |
Motion to Substitute Party |
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MOTION to Substitute Party, by Plaintiff Richard Bryan Martinez. Responses due by 11/29/2005 (KW, ilcd)
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| 41 |
Filed: 11/15/2005, Entered: 11/15/2005, Terminated: 1/19/2006 |
Motion for Order |
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MOTION for Order to correct clerical mistake by Plaintiff Richard Bryan Martinez. Responses due by 11/29/2005 (KW, ilcd)
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| 40 |
Filed: 10/31/2005, Entered: 10/31/2005, Terminated: 12/13/2005 |
Motion for Extension of Time |
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MOTION for Extension of Time to File response to motion to dismiss by Plaintiff Richard Bryan Martinez. Responses due by 11/14/2005 (KW, ilcd)
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| 39 |
Filed: 10/31/2005, Entered: 10/31/2005 |
Notice of Appearance |
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NOTICE of Appearance of Attorney by Stanley E Freeman on behalf of Sean Taylor, Urbana, City of (Freeman, Stanley)
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| 38 |
Filed: 10/28/2005, Entered: 10/28/2005 |
Writ Issued |
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Video WRIT issued for plaintiff for hearing on 12/14/2005 at 11:0 a.m. Copy mailed and faxed to Western IL and IL River and Concordia (KW, ilcd)
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| 37 |
Filed: 10/28/2005, Entered: 10/28/2005 |
Writ Issued |
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Personal appearance writ issued for plaintiff for hearing on 12/14/2005 at 11:00 a.m. Copy faxed and mailed to Western IL and IL River and Concordia (KW, ilcd)
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| 36 |
Filed: 10/27/2005, Entered: 10/27/2005 |
~Notice (other) |
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NOTICE to plaintiff that he has 14 days to respond to defendants County of Champaign, Reifsteck, Voges and Wagner motion to dismiss (KW, ilcd)
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| 35 |
Filed: 10/27/2005, Entered: 10/27/2005 |
Answer |
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ANSWER AND AFFIRMATIVE DEFENSES to Complaint, with Jury Demand by Defendants County of Champaign, Illinois, Jonathan Reifsteck, Tim Voges, Tracy Wagner.(Frederick, Robert)
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| 34 |
Filed: 10/27/2005, Entered: 10/27/2005 |
Memorandum |
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MEMORANDUM by County of Champaign, Illinois, Jonathan Reifsteck, Tim Voges, Tracy Wagner. (Frederick, Robert)
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| -- |
Filed: 10/27/2005, Entered: 10/27/2005 |
Notice of Hearing. |
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NOTICE OF HEARING: Due to a conflict in the Court's calendar, the Rule 16 Scheduling Conference set for 11/22/2005 at 1:30 PM is RESET to 12/14/2005 at 11:00 AM in Courtroom A before Chief Judge Michael P. McCuskey. (MB, ilcd)
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| -- |
Filed: 10/27/2005, Entered: 10/27/2005 |
Set/Reset Deadlines: |
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Set/Reset Deadlines: Responses due by 11/10/2005 (KW, ilcd)
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| -- |
Filed: 10/26/2005, Entered: 10/26/2005 |
Order on Motion for Extension of Time to Answer |
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TEXT ORDER Entered by Judge Michael P. McCuskey on 10/26/2005. Before the court is the defendants, County of Champaign, Illinois, Tim Voges, Jonathan Reifsteck and Tracy Wagner's motion for extension of time to file an answer up to and including October 28, 2005, d/e 22. The motion is granted. The defendants are reminded that a dispoitive motion is not an answer. granting [22] Motion for Extension of Time to Answer County of Champaign, Illinois answer due 10/28/2005; Jonathan Reifsteck answer due 10/28/2005; Tim Voges answer due 10/28/2005; Tracy Wagner answer due 10/28/2005. (KW, ilcd)
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| 33 |
Filed: 10/25/2005, Entered: 10/25/2005, Terminated: 8/2/2006 |
Motion to Dismiss |
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MOTION to Dismiss by Defendants County of Champaign, Illinois, Jonathan Reifsteck, Tim Voges, Tracy Wagner. Responses due by 11/8/2005 (Frederick, Robert)
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| 32 |
Filed: 10/13/2005, Entered: 10/13/2005 |
~Notice (other) |
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RULE 56 NOTICE re [31] defendant's MOTION to Dismiss to plaintiff by Clerk. (VB, ilcd)
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| 31 |
Filed: 10/13/2005, Entered: 10/13/2005, Terminated: 12/13/2005 |
Motion to Dismiss |
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MOTION to Dismiss by Defendant Steven C Carter. Responses due by 10/27/2005 (Krchak, David)
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| 30 |
Filed: 10/13/2005, Entered: 10/13/2005 |
Answer to Amended Complaint |
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ANSWER to Amended Complaint by Defendants Lisa Staples, Tom Frost, Champaign, City of.(Krchak, David)
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| 29 |
Filed: 10/13/2005, Entered: 10/13/2005 |
Notice of Appearance |
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NOTICE of Appearance of Attorney by David E Krchak on behalf of Lisa Staples, Tom Frost, Steven C Carter, Champaign, City of (Krchak, David)
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| 28 |
Filed: 10/13/2005, Entered: 10/13/2005 |
~Notice (other) |
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NOTICE to plaintiff that he has 120 days to serve defendant Sean Taylor from the time he was granted leave to proceed in forma pauperis (KW, ilcd)
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| 27 |
Filed: 10/13/2005, Entered: 10/13/2005 |
Summons Returned Unexecuted |
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Summons Returned Unexecuted as to Sean Taylor. Return of service stated that defendant Sean Taylor had moved to Las Vegas, NV.(KW, ilcd) Modified on 10/13/2005 (KW, ilcd).
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| 26 |
Filed: 10/13/2005, Entered: 10/13/2005 |
Return of Service Executed |
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Summons returned Executed as to Lisa Staples 9/26/2005; Tom Frost 9/26/2005; Urbana, City of 9/26/2005; Steven C Carter 9/26/2005; Jonathan Reifsteck 9/26/2005; Tim Voges 9/26/2005; Tracy Wagner 9/26/2005; Champaign, City of 9/26/2005. (KW, ilcd) Modified on 10/13/2005 (KW, ilcd).
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| -- |
Filed: 10/13/2005, Entered: 10/13/2005 |
Notice of Docket Text or Event Modification |
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Notice of Docket Text or Event Modification; Document 26 was changed to read "summons unexecuted" instead of "return of service unexecuted" (KW, ilcd)
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| -- |
Filed: 10/13/2005, Entered: 10/13/2005 |
Notice of Docket Text or Event Modification |
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Notice of Docket Text or Event Modification: Return of service stated that defendant Sean Taylor had moved to Las Vegas, NV. This was added to the text. (KW, ilcd)
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| 25 |
Filed: 10/11/2005, Entered: 10/11/2005 |
Answer to Amended Complaint |
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ANSWER to Amended Complaint and Affirmative Defense by Defendants Sean Taylor, Urbana, City of.(Small, Howard)
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| 24 |
Filed: 10/7/2005, Entered: 10/7/2005 |
Notice of Change of Address |
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NOTICE of Change of Address by Richard Bryan Martinez. Richard Martinez, R 27565, R. R. #4, Box 196, Mt. Sterling, IL. 62353 (KW, ilcd)
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| 23 |
Filed: 10/4/2005, Entered: 10/4/2005 |
Certificate of Interest |
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CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 by County of Champaign, Illinois, Jonathan Reifsteck, Tim Voges, Tracy Wagner. (Frederick, Robert)
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| 22 |
Filed: 10/4/2005, Entered: 10/4/2005, Terminated: 10/26/2005 |
Motion for Extension of Time to File Answer |
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MOTION for Extension of Time to File Answer by Defendants County of Champaign, Illinois, Jonathan Reifsteck, Tim Voges, Tracy Wagner. Responses due by 10/18/2005 (Frederick, Robert)
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| 21 |
Filed: 10/4/2005, Entered: 10/4/2005 |
Notice of Appearance |
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NOTICE of Appearance of Attorney by Robert G Frederick on behalf of Jonathan Reifsteck (Frederick, Robert)
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| 20 |
Filed: 10/4/2005, Entered: 10/4/2005 |
Notice of Appearance |
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NOTICE of Appearance of Attorney by Robert G Frederick on behalf of County of Champaign, Illinois (Frederick, Robert)
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| -- |
Filed: 9/29/2005, Entered: 9/29/2005 |
Order |
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TEXT ORDER Entered by Judge David G. Bernthal on 9/29/2005. This Court's actual order (#15) entered 8/25/05 correctly lists the deadline defendants have to answer the complaint as 20 days after they are served. The Clerk of Court's entry of the order incorrectly listed the answer deadline as being 60 days after defendants are served. That entry is herewith corrected to state that Defendants have 20 days after they are served to answer the complaint herein.(KW, ilcd)
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| -- |
Filed: 9/29/2005, Entered: 9/29/2005 |
Notice of Docket Text or Event Modification |
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Notice of Docket Text or Event Modification; There a was typo in the scheduling order entered on 8/25/2005. The answer due should be 20 days instead of 60 days. (KW, ilcd)
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| 19 |
Filed: 9/22/2005, Entered: 9/22/2005 |
Notice of Change of Address |
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NOTICE of Change of Address by Richard Bryan Martinez; Richard Martinez; R27565; R. R. 4; Box 196; Mt. Sterling, IL 62353. (KW, ilcd)
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| 18 |
Filed: 9/16/2005, Entered: 9/16/2005 |
Notice of Change of Address |
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NOTICE of Change of Address by Richard Bryan Martinez to Western Illinois Correctional Center, RR 4, P O Box 196, Mount Sterling, IL 62353, 217-773-4441. (VB, ilcd)
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| 17 |
Filed: 8/25/2005, Entered: 8/25/2005 |
Summons Issued |
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Summons Issued as to Sean Taylor, Lisa Staples, Tom Frost, Urbana, City of, Steven C Carter, County of Champaign, Illinois, Jonathan Reifsteck, Tim Voges, Tracy Wagner, Champaign, City of. and mailed to the U. S. Marshal for service. (KW, ilcd) Modified on 8/25/2005 (KW, ilcd).
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| 16 |
Filed: 8/25/2005, Entered: 8/25/2005 |
Amended Complaint |
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AMENDED COMPLAINT against all defendants, filed by Richard Bryan Martinez.(KW, ilcd)
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| 15 |
Filed: 8/25/2005, Entered: 8/25/2005 |
Prisoner Scheduling Order |
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PRISONER SCHEDULING ORDER Entered by Judge David G. Bernthal on 8/25/2005. Plaintiff's motion to proceed without full prepayment of fees and costs granted. U.S. Marshal to serve defendants. Defendants to answer or respond to plaintiff's complaint within 20 days. Cause set for further scheduling procedures under Fed. R. Civ. P. 16 by telephone conference call. Clerk to notify parties of their option to consent to disposition of this case before a U.S. Magistrate Judge. Rule 16 Scheduling Conference set for 11/22/2005 at 9:30 AM by video conference (court to initiate conference) before Chief Judge Michael P. McCuskey. (KW, ilcd) Modified on 9/29/2005 (KW, ilcd).
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| 14 |
Filed: 8/12/2005, Entered: 8/12/2005 |
Letter |
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Letter from plaintiff requesting information. Copy of docket mailed to plaintiff. (KW, ilcd)
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| -- |
Filed: 7/6/2005, Entered: 7/6/2005 |
Terminate Deadlines and Hearings |
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TEXT ORDER Entered by Judge Michael P. McCuskey on 7/6/2005. The court has detemined that it is not necessary to hold the July 6, 2005 Merit Review Conference. Therefore, the conference is cancelled. The court has reviewed the plaintiff's complaint. This case may proceed forward. Copy mailed to plaintff. (KW, ilcd)
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| -- |
Filed: 6/29/2005, Entered: 6/29/2005 |
Order on Motion to Appoint Counsel |
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TEXT ORDER entered by Judge Michael P. McCuskey on 6/29/05P Plaintiff's renewed [11] Motion to Appoint Counsel is denied. (MT, ilcd)
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| 13 |
Filed: 6/24/2005, Entered: 6/24/2005 |
Writ Issued |
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Video WRIT issued for Richard B. Martinez for Merit Review Hearing at 3:00 7/6/05 before Judge Michael P. McCuskey via video conferencing in Courtroom B. (VB, ilcd)
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| -- |
Filed: 6/24/2005, Entered: 6/24/2005 |
Notice of Hearing. |
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NOTICE OF HEARING: Due to a conflict in the Court's calendar, the merit review hearing set for 6/28/2005 at 10:00 AM is RESET to 7/6/2005 at 3:00 PM by video conference in Courtroom A before Chief Judge Michael P. McCuskey. (MB, ilcd)
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| -- |
Filed: 6/6/2005, Entered: 6/6/2005 |
Prisoner Partial Filing Fee Received |
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Prisoner Prepayment Fee received in the amount of $ 9.20; receipt number U 004062 mailed to prisoner. (KW, ilcd)
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| 12 |
Filed: 6/1/2005, Entered: 6/1/2005 |
Writ Issued |
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Video WRIT issued for plaintiff on 6/28/2005 at 10:30 AM. (KW, ilcd)
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| -- |
Filed: 6/1/2005, Entered: 6/1/2005 |
Merit Review Order |
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MERIT REVIEW ORDER Entered by Judge Michael P. McCuskey on 6/1/2005. This case is set for merit review. The court is required by 28 U.S.C. Section 1915A to ''screen'' the plaintiff's complaint, and through such process to identify and dismiss any legally insufficient claim, or the entire action if warranted. A claim is legally insufficient if it ''(1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant who is immune from such relief.'' The plaintiff must be prepared to identify each of his claims and defendants during the hearing. The clerk is to notify the plaintiff's place of incarceration and to issue a writ for the plaintiff's participation in the video conference call. Merit Review Hearing set for 6/28/2005 at 10:30 AM by video conference (court to initiate conference) before Chief Judge Michael P. McCuskey. (KW, ilcd)
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| 11 |
Filed: 5/31/2005, Entered: 5/31/2005, Terminated: 6/29/2005 |
Motion to Appoint Counsel |
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MOTION to Appoint Counsel by Plaintiff Richard Bryan Martinez. Responses due by 6/14/2005 (KW, ilcd)
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| 10 |
Filed: 5/31/2005, Entered: 5/31/2005 |
~Notice (other) |
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NOTICE of filing amended complaint being received from Richard Bryan Martinez (KW, ilcd)
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| -- |
Filed: 5/31/2005, Entered: 5/31/2005 |
Order Striking/Vacating Document |
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TEXT ORDER VACATING DOCUMENT Entered by Judge Michael P. McCuskey on 5/31/2005. The court vacates the May 26, 2005 Scheduling Order and recalls the complaint. The U. S. Marshal Service is directed to discard the complaint, summons forms, etc., that were received with the May 26, 2005 Scheduling Order. The plaintiff has complied with the court's May 4, 2005 order allowing him to submit an amended complaint. The amended complaint was received on May 31, 2005. (KW, ilcd)
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| 9 |
Filed: 5/27/2005, Entered: 5/27/2005 |
Summons Issued |
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Summons Issued as to Sean Taylor, Lisa Staples, Tom Frost, City of Urbana, City ofChampaign and mailed to Marshal for service. (KW, ilcd)
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| 8 |
Filed: 5/27/2005, Entered: 5/27/2005 |
Complaint |
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COMPLAINT against Sean Taylor, Lisa Staples, Tom Frost, Urbana, City of, Champaign, City of , filed by Richard Bryan Martinez.(KW, ilcd)
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| 7 |
Filed: 5/26/2005, Entered: 5/26/2005, Terminated: 5/31/2005 |
Prisoner Scheduling Order |
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PRISONER SCHEDULING ORDER Entered by Judge David G. Bernthal on 5/26/2005. Plaintiff's motion to proceed without full prepayment of fees and costs granted. U.S. Marshal to serve defendants. Defendants to answer or respond to plaintiff's complaint within 60 days. Cause set for further scheduling procedures under Fed. R. Civ. P. 16 by telephone conference call. Clerk to notify parties of their option to consent to disposition of this case before a U.S. Magistrate Judge. Rule 16 Scheduling Conference set for 9/8/2005 at 1:30 PM by video conference (court to initiate conference) before Chief Judge Michael P. McCuskey. (KW, ilcd)
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| 6 |
Filed: 5/20/2005, Entered: 5/24/2005 |
Prisoner Partial Filing Fee Received |
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Prisoner Prepayment Fee received in the amount of $ 9.20; receipt number P 012799 mailed to prisoner. (KW, ilcd)
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| 5 |
Filed: 5/16/2005, Entered: 5/16/2005 |
Letter |
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Letter from plaintiff requesting 3 new marshal forms (KW, ilcd)
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| 4 |
Filed: 5/6/2005, Entered: 5/6/2005 |
Prisoner Appeal Prepayment Order |
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PREPAYMENT ORDER Entered by Judge David G. Bernthal on 5/6/2005. directing partial fee of $9.20 to be paid or case will be dismissed. Prisoner Prepayment due by 6/3/2005. (KW, ilcd)
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Filed: 5/4/2005, Entered: 5/4/2005 |
Order on Motion to Appoint Counsel |
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TEXT ORDER Entered by Judge Michael P. McCuskey on 5/4/2005. Pursuant to 28 U.S.C. Section 1915A, a merit review of the plaintiff's complaint was held on Wednesday, May 4, 2005. The court has thoroughly reviewed the plaintiff's complaint and has determined that he has stated prima facie claim(s). However, the plaintiff has indicated that he may wish to add new defendants. Therefore, the court will allow the plaintiff up to and including Tuesday, June 7, 2005, to submit an amended complaint. When the amended complaint is received, the clerk of the court is directed to schedule a merit review of the amended complaint and to notify the court. Further, before the court is the plaintiff's motion for appointment of counsel (2). Appointment of counsel is not warranted in this case. Neither the legal issue raised in the complaint nor the evidence that might support the plaintiff's claims are so complex or intricate that a trained attorney is necessary. The plaintiff appears more than capable of presenting his case. The plaintiff has alleged no physical or mental disability that might preclude him from adequate investigating the facts giving rise to his complaint. See Merritt v Faulkner, 697 F. 2d. 761, 765(7th Cir. 1983). It should additionally be noted tht the court grants pro se litigants wide latitude in the handling of their lawsuits. The Motion to Appoint Counsel [2]is denied pursuantt to Maclin v Freake, 650 F. 2d 885, 887-89(7th Cir. 1981). See Merritt, 697 F. 2d. 761, 763(7th Cir. 1983) and Jackson v County of McLean, 953 F. 2d 1070, 1071(7th Cir. 1992). (KW, ilcd)
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Filed: 5/4/2005, Entered: 5/4/2005 |
Merit Review Hearing |
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Minute Entry for proceedings held before Judge Michael P. McCuskey : Merit Review Hearing held on 5/4/2005. Appearance of plaintiff pro se by telephone. Court allows plaintiff to proceed with case. Plaintiff's Amended Complaint due by 6/7/2005. Another merit review hearing will be set after the filing of the amended complaint. Written order to be entered. (Court Reporter LC.) (KW, ilcd)
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Filed: 5/2/2005, Entered: 5/2/2005 |
Order |
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TEXT ORDER Entered by Judge Michael P. McCuskey on 5/2/2005. Merit Review Hearing set for 5/4/2005 at 9:30 AM will be held by telephone (court will place call), rather than by video before Chief Judge Michael P. McCuskey. The clerk of the court is directed to notify the parties and the plaintiff's place of incarceration, forthwith. (KW, ilcd)
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| 3 |
Filed: 4/14/2005, Entered: 4/14/2005 |
Writ Issued |
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VIDEO WRIT issued for plaintiff for hearing on 5/4/2005. (KW, ilcd)
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Filed: 4/14/2005, Entered: 4/14/2005 |
Order |
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TEXT ORDER Entered by Judge Michael P. McCuskey on 4/14/2005. Merit Review Hearing set for 5/4/2005 at 9:30 AM by video conference (court to initiate conference) before Chief Judge Michael P. McCuskey. Video writ to issue for the plaintiff. (KW, ilcd)
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| 2 |
Filed: 4/8/2005, Entered: 4/8/2005, Terminated: 5/4/2005 |
Motion to Appoint Counsel |
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MOTION to Appoint Counsel by Plaintiff Richard Bryan Martinez. Responses due by 4/22/2005 (KW, ilcd)
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| 1 |
Filed: 4/8/2005, Entered: 4/8/2005, Terminated: 8/25/2005 |
Petition to Proceed IFP |
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PETITION TO PROCEED IN FORMA PAUPERIS and Complaint against Sean Taylor, Lisa Staples, Tom Frost, Urbana, City of, Champaign, City of, filed by Richard Bryan Martinez.(KW, ilcd)
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