Simpson v. McDonough County Police Departments
| Illinois Central District Court | |
| Judge: | James E Shadid |
| Case #: | 4:23-cv-04229 |
| Nature of Suit | 550 Prisoner Petitions - Habeas Corpus - Civil Rights |
| Cause | 42:1983 Prisoner Civil Rights |
| Case Filed: | Dec 20, 2023 |
| Terminated: | Jul 11, 2024 |
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| Docket last updated: 3 hours ago |
| Thursday, November 14, 2024 | ||
| 40 | 40
appeal
USCA Notice of Docketing ROA
Thu 11/14 12:33 PM
NOTICE of Docketing Record on Appeal from USCA re29 Notice of Appeal filed by Joseph Simpson. USCA Case Number 24-3065 (KLC) |
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| Wednesday, November 13, 2024 | ||
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appeal
USCA Order
Wed 11/13 4:20 PM
ORDER of USCA for the Federal Circuit. IT IS ORDERED THAT:The appeal and all case filings are transferred to theUnited States Court of Appeals for the Seventh Circuit pursuantto 28 U.S.C. § 1631. (SAG) |
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appeal
USCA Mandate
Wed 11/13 9:46 AM
MANDATE of USCA as to29 Notice of Appeal filed by Joseph Simpson. IT IS ORDERED that this cause is DISMISSED for failure to comply with Circuit Rule 3(c). SEE WRITTEN MANDATE. (KLC) Modified on 11/13/2024. (KLC) |
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| Thursday, September 05, 2024 | ||
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appeal
USCA Order
Thu 09/05 9:12 AM
Circuit Rule 3(b) Fee Notice as to29 Notice of Appeal filed by Joseph Simpson. SEE WRITTEN NOTICE. (KLC) |
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| Wednesday, September 04, 2024 | ||
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order
Order on Motion for Leave to Appeal In Forma Pauperis
Wed 09/04 3:58 PM
TEXT ORDER entered by Judge James E. Shadid on 9/4/2024. On May 16, 2024, Plaintiff filed a Second Amended Complaint25 under 42 U.S.C. § 1983. His Second Amended Complaint was incoherent in parts and difficult to follow. From what the Court could discern, Plaintiff alleged numerous issues with his ongoing criminal cases. On July 11, 2024, the Court dismissed Plaintiff's Second Amended Complaint without prejudice as barred by Heck v. Humphrey, 512 U.S. 477, 487 (1994), and for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6) and 28 U.S.C. § 1915A. (See Merit Review Order, Doc.26 ). Plaintiff now files a renewed Motion for Leave to Appeal in forma pauperis36 . "An appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith." 28 U.S.C. § 1915(a)(3). A good faith appeal is an appeal that "a reasonable person could suppose... has some merit." Walker v. O'Brien, 216 F.3d 626, 632 (7th Cir. 2000). When asked to identify his issues on appeal, Plaintiff referred the Court to an attached Affidavit. (Doc.36 at p. 1). In his Affidavit, Plaintiff states that the attorney who represented him in his criminal case was ineffective because the attorney did not request or review the evidence the State planned to use at trial. Plaintiff also asserts it was wrong to be housed at the prison where the alleged victim's parents work, for the State to alter evidence, for the alleged victim to give conflicting testimony, for the State to use his family maliciously to arrest him, and for the police to hold him to the ground and stick a syringe inside him. Id. at p. 7. Prosecutors, public defenders, and witnesses are immune from liability under 42 U.S.C. § 1983. See Archer v. Chisholm, 870 F.3d 603, 612 (7th Cir. 2017); Atkins v. Marks, No. 1:23-CV-428-TLS-JEM, 2023 WL 6895882, at *2 (N.D. Ind. Oct. 18, 2023); Logan v. Laterzo, 24 F. Appx 579, 582 (7th Cir. 2001). The Court cannot discern any civil rights violation from Plaintiff's allegations regarding his family being used to arrest him or being housed at the prison where the alleged victim's family works. Regarding Plaintiff's final issue on appealwhether "it [was] wrong for the police to hold [Plaintiff] on the ground and stick a syringe inside [him]"Plaintiff alleged in his Second Amended Complaint that the police used a syringe on his hand and called an ambulance to transport him to the hospital for an alcohol evaluation on an unspecified date. At merit review, the Court dismissed his Second Amended Complaint without prejudice for, among other reasons, failure to a state a claim pursuant to Fed. R. Civ. P. 12(b)(6) and 28 U.S.C. § 1915A. Therefore, this Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that Plaintiff's appeal is not in good faith. See Fed. R. App. P. 24(a)(4)(B).36 is DENIED. If Plaintiff seeks to contest this Court's finding, he must renew his Motion in the Court of Appeals within 30 days. Fed. R. App. P. 24(a)(5). The Clerk is directed to send a copy of this Order to Plaintiff and the Court of Appeals. (SAG) |
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| Tuesday, September 03, 2024 | ||
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motion
Appeal In Forma Pauperis
Tue 09/03 2:30 PM
MOTION for Leave to Appeal in forma pauperis by Plaintiff Joseph Simpson. Responses due by 9/17/2024. (KLC) |
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| Tuesday, August 20, 2024 | ||
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notice
Notice (Other)
Wed 08/21 11:43 AM
NOTICE of Docketing received from United States Court of Appeals for the Federal Circuit (SAG) |
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appeal
USCA Order
Tue 08/20 11:51 AM
Circuit Rule 3(b) Fee Notice as to29 Notice of Appeal filed by Joseph Simpson. (KLC) Modified on 8/21/2024 to correct date filed as the date received by our office: 8/20/2024 (JJK) |
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appeal
USCA Notice of Docketing ROA
Tue 08/20 11:38 AM
NOTICE of Docketing Record on Appeal from USCA re29 Notice of Appeal filed by Joseph Simpson. USCA Case Number 24-2436 (KLC) Modified on 8/20/2024 to change date filed. (KLC) Modified on 8/21/2024 to re-correct date filed to the date this was received by our office: 8/20/2024 (JJK) |
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| Monday, August 19, 2024 | ||
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order
Order on Motion for Leave to Appeal In Forma Pauperis
Mon 08/19 2:22 PM
TEXT ORDER entered by Judge James E. Shadid on 8/19/2024. Plaintiff filed a Motion for Leave to Appeal in forma pauperis30 , but he did not clearly identify the issues he will raise on appeal. When asked to identify his issues on appeal, Plaintiff stated: "see, motion for leave to appeal in forma pauperis filed on 8 7-2024 " (Doc.30 at p. 1). The Court denied Plaintiff's prior Motion for Leave to Appeal in forma pauperis28 on August 9, 2024. (See d/e 8/9/2024). Plaintiff's prior Motion consisted of 11 pages of arguments with citations various statutes and case law. The Court stated that it could not clearly discern what issues Plaintiff planned to raise on appeal. Id. "An appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith. 28 U.S.C. § 1915(a)(3). A good faith appeal is an appeal that "a reasonable person could suppose... has some merit." Walker v. O'Brien, 216 F.3d 626, 632 (7th Cir. 2000). Plaintiff's renewed Motion30 does not state the grounds for his appeal. As a result, the Court cannot make a finding as to whether Plaintiff has a good faith basis for appeal.30 is DENIED with leave to renew. Plaintiff is hereby given 14 days to renew his motion and must clearly identify those issues which he intends to present on appeal. The Clerk is DIRECTED to send a copy of this Text Order to the Seventh Circuit Court of Appeals. (ANW) |
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| Friday, August 16, 2024 | ||
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appeal
Short Record of Appeal Sent to USCA
Fri 08/16 3:37 PM
Short Record of Appeal Sent to Federal Circuit Court of Appeals re29 Notice of Appeal. (KLC) |
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motion
Appeal In Forma Pauperis
Fri 08/16 3:27 PM
MOTION for Leave to Appeal in forma pauperis by Plaintiff Joseph Simpson. Responses due by 8/30/2024. (KLC) |
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| 29 | 29
appeal
Notice of Appeal
Fri 08/16 3:15 PM
NOTICE OF APPEAL as to26 Merit Review Order - Second Amended Complaint by Joseph Simpson. (KLC) |
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| Friday, August 09, 2024 | ||
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order
Order on Petition to Proceed In Forma Pauperis
Fri 08/09 11:45 AM
TEXT ORDER entered by Judge James E. Shadid on 8/9/2024. On July 11, 2024, the Court dismissed Plaintiff's Complaint without prejudice. (See Merit Review Order, Doc.26 at p. 4). The Court instructed Plaintiff that if he wished to appeal this dismissal, he must file a notice of appeal with this Court within 30 days of the entry of judgment. Fed. R. App. P. 4(a). Id. Plaintiff has not filed a Notice of Appeal; however, he filed a Motion for Leave to Appeal in forma pauperis28 on August 7, 2024. Previously, the Court directed Plaintiff to identify the issues he would present on appeal to assist the Court in determining whether the appeal was taken in good faith. Id. "An appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith." 28 U.S.C. § 1915(a)(3). A good faith appeal is an appeal that "a reasonable person could suppose... has some merit." Walker v. O'Brien, 216 F.3d 626, 632 (7th Cir. 2000). Plaintiff's 10-page Motion consists of various arguments regarding why this Court erred when it dismissed his suit as barred by Heck v. Humphrey, 512 U.S. 477, 487 (1994), and for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6) and 28 U.S.C. § 1915A. (Doc.26 ). The Court cannot clearly discern what issues Plaintiff plans to raise on appeal. In addition, the Court is unable to evaluate Plaintiff's ability to pay the $605 appellate filing fee because Plaintiff did not include any information about his financial situation in his motion.28 is DENIED with leave to renew. If Plaintiff renews his Motion, he must use the Seventh Circuit's Affidavit Accompanying Motion for Permission to Appeal In Forma Pauperis. Before renewing his Motion, Plaintiff MUST file a Notice of Appeal. (ANW) |
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| Wednesday, August 07, 2024 | ||
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motion
Petition to Proceed In Forma Pauperis
Wed 08/07 4:24 PM
MOTION FOR LEAVE TO APPEAL IN FORMA PAUPERIS, filed by Joseph Simpson. (KLC) |
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| Friday, July 12, 2024 | ||
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misc
Judgment
Fri 07/12 10:04 AM
JUDGMENT entered. (ANW) |
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| Thursday, July 11, 2024 | ||
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order
Prisoner Merit Review Opinion
Thu 07/11 4:00 PM
MERIT REVIEW ORDER - SECOND AMENDED COMPLAINT Entered by Judge James E. Shadid on 7/11/24. IT IS THEREFORE ORDERED:1) Plaintiff's Second Amended Complaint is DISMISSED WITHOUT PREJUDICE as barred by Heck and for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6) and 28 U.S.C. § 1915A. Any further amendment would be futile. This case is therefore closed. The Clerk is directed to enter a judgment pursuant to Fed. R. Civ. P. 58.2) Plaintiff must still pay the full docketing fee of $350.00 even though his case has been dismissed. The agency having custody of Plaintiff shall continue to make monthly payments to the Clerk of Court, as directed in the Court's prior Order. (d/e 1/26/2024).3) If Plaintiff wishes to appeal this dismissal, he must 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 MUST identify the issues Plaintiff will present on appeal to assist the Court in determining whether the appeal is taken in good faith. See Fed. R. App. P. 24(a)(1)(c); see also Celske v. Edwards, 164 F.3d 396, 398 (7th Cir. 1999) (stating that an appellant should be allowed to submit a statement of the grounds for appealing so that the district judge "can make a reasonable assessment of the issue of good faith"); Walker v. O'Brien, 216 F.3d 626, 632 (7th Cir. 2000) (providing that a good-faith appeal is an appeal that "a reasonable person could suppose... has some merit" from a legal perspective). If Plaintiff chooses to appeal, he will be liable for the $605.00 appellate filing fee regardless of the outcome of the appeal. SEE FULL WRITTEN ORDER. (ANW) |
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| Thursday, May 16, 2024 | ||
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cmp
Amended Complaint
Thu 05/16 3:11 PM
AMENDED COMPLAINT against All Defendants, filed by Joseph Simpson.(ANW) |
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order
Order on Motion for Leave to File ~Util - Set/Reset Deadlines
Thu 05/16 3:09 PM
TEXT ORDER entered by Judge James E. Shadid on 5/16/2024. On April 18, 2024, the Court dismissed Plaintiff's Amended Complaint for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6) and 28 U.S.C. § 1915A and permitted Plaintiff to file a Second Amended Complaint within 30 days. Plaintiff's Motion for Leave to File Second Amended Complaint24 is GRANTED. The Clerk is hereby directed to file the Second Amended Complaint and set the merit review deadline 30 days out.(ANW) |
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| Wednesday, May 15, 2024 | ||
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motion
Leave to File Document
Wed 05/15 3:07 PM
MOTION for Leave to File Second Amended Complaint by Plaintiff Joseph Simpson. Responses due by 5/29/2024 (JS) |
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| Thursday, April 18, 2024 | ||
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order
Prisoner Merit Review Opinion ~Util - Set/Reset Deadlines
Thu 04/18 3:26 PM
MERIT REVIEW ORDER AMENDED COMPLAINT Entered by Judge James E. Shadid on 4/18/24. IT IS THEREFORE ORDERED:1) Plaintiff's Amended Complaint is DISMISSED WITHOUT PREJUDICE for failure to state a claim under Fed. R. Civ. P. 12(b)(6) and 28 U.S.C. § 1915A. Plaintiff shall have a FINAL opportunity to file a Second Amended Complaint within 30 days of this Order. Plaintiff's Second Amended Complaint will replace Plaintiff's Amended Complaint in its entirety. The Second Amended Complaint must contain all allegations against all Defendants. Piecemeal amendments are not accepted. IfPlaintiff fails to file a timely Second Amended Complaint or if it fails to state a claim for relief, his case will be dismissed with prejudice.2) The Clerk is directed to provide Plaintiff with a blank Section 1983 complaint form for his assistance. SEE FULL WRITTEN ORDER. (ANW) |
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| Monday, March 25, 2024 | ||
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misc
Exhibit
Mon 03/25 12:54 PM
Exhibit re20 Amended Complaint by Joseph Simpson. (JS) |
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| 21 | 21
notice
Notice of Change of Address - Prisoner Cases Only
Mon 03/25 12:53 PM
NOTICE of Change of Address by Joseph Simpson. (JS) |
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| Monday, March 04, 2024 | ||
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cmp
Amended Complaint
Mon 03/04 10:51 AM
AMENDED COMPLAINT against All Defendants, filed by Joseph Simpson.(ANW) |
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order
Order on Motion for Leave to File 1 - Terminate Deadlines and Hearings ~Util - Set/Reset Deadlines
Mon 03/04 10:49 AM
TEXT ORDER entered by Judge James E. Shadid on 3/4/2024. Plaintiff's Motion for Leave to File Amended Complaint19 is GRANTED. The Clerk is hereby directed to file the Amended Complaint and set the merit review deadline 30 days out.(ANW) |
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| Friday, March 01, 2024 | ||
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motion
Leave to File Document
Fri 03/01 9:40 AM
MOTION for Leave to File Amended Complaint by Plaintiff Joseph Simpson. Responses due by 3/15/2024 (JS) |
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| Wednesday, February 28, 2024 | ||
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misc
Remark
Wed 02/28 11:57 AM
Remark: Complaint form attached pursuant to Case Management Order17 (SAG) |
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3
pgs
order
Order on Motion to Request Counsel Order on Motion for Writ of Habeas Corpus Order on Motion to Amend/Correct ~Util - Set/Reset Deadlines
Wed 02/28 11:56 AM
CASE MANAGEMENT ORDER entered by Judge James E. Shadid on 2/28/2024. IT IS THEREFORE ORDERED: 1. Plaintiff's Motion to Request Counsel5 , Motion for Writ of Habeas Corpus11 , Motion for Appointment of Counsel12 , Amended Motion for Writ of Habeas Corpus13 , Second Amended Motion for Writ of Habeas Corpus14 , Third Amended Motion for Writ of Habeas Corpus15 , and Motion to Amend/Correct Complaint16 are DENIED. 2. If Plaintiff seeks leave to amend, he may file an Amended Complaint within 30 days of this Order. Plaintiff's Amended Complaint will replace Plaintiff's original Complaint in its entirety. The Amended Complaint must contain all allegations against all Defendants. Piecemeal amendments are not accepted. If Plaintiff fails to file an Amended Complaint by April 1, 2024, the Court will conduct a merit review on his original Complaint filed on December 20, 2023. 3. The Clerk is directed to send Plaintiff a blank Section 1983 complaint form. SEE FULL WRITTEN ORDER.(SAG) |
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| Tuesday, February 27, 2024 | ||
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motion
Amend/Correct
Tue 02/27 2:17 PM
MOTION to Amend/Correct1 Complaint by Plaintiff Joseph Simpson. Responses due by 3/12/2024 (FDS) |
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| Friday, February 16, 2024 | ||
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motion
Writ of Habeas Corpus
Fri 02/16 2:21 PM
THIRD AMENDED MOTION for Writ of Habeas Corpus by Plaintiff Joseph Simpson. Responses due by 3/1/2024 (JS) |
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| Friday, February 09, 2024 | ||
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motion
Writ of Habeas Corpus
Fri 02/09 9:51 AM
SECOND AMENDED MOTION for Writ of Habeas Corpus by Plaintiff Joseph Simpson. Responses due by 2/23/2024 (JS) |
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| Thursday, February 08, 2024 | ||
| 13 | 13
motion
Writ of Habeas Corpus
Thu 02/08 3:07 PM
AMENDED MOTION for Writ of Habeas Corpus by Plaintiff Joseph Simpson. Responses due by 2/22/2024 (JS) |
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| Friday, February 02, 2024 | ||
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misc
Prisoner Partial Filing Fee Received
Fri 02/02 11:13 AM
Prisoner Initial Partial Filing Fee received 2/2/2024, in the amount of $ 14.71; receipt number 400000629 (RES) |
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| Thursday, February 01, 2024 | ||
| 12 | 12
motion
Request Counsel
Thu 02/01 2:50 PM
MOTION for Appointment of Counsel by Plaintiff Joseph Simpson. Responses due by 2/15/2024 (JS) |
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| Tuesday, January 30, 2024 | ||
| 11 | 11
motion
Writ of Habeas Corpus
Tue 01/30 2:58 PM
MOTION for Writ of Habeas Corpus by Plaintiff Joseph Simpson. Responses due by 2/13/2024 (FDS) |
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| Friday, January 26, 2024 | ||
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order
Order on Petition to Proceed In Forma Pauperis
Fri 01/26 1:52 PM
TEXT ORDER Entered by Judge James E. Shadid on 1/26/24 granting9 Petition to Proceed In Forma Pauperis. Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $14.71. The agency having custody of Plaintiff is directed to forward the initial partial filing fee from Plaintiff's account to the Clerk of Court within 30 days of this order. 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, including gifts. 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, and to Plaintiff. Prisoner Prepayment due by 2/26/2024 (ANW) |
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| Thursday, January 25, 2024 | ||
| 10 | 10
misc
Prisoner Trust Fund Ledger
Thu 01/25 2:56 PM
+++ PRISONER TRUST FUND LEDGER by Joseph Simpson. (JS) |
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| 9 | 9
motion
Petition to Proceed In Forma Pauperis
Thu 01/25 2:55 PM
PETITION TO PROCEED IN FORMA PAUPERIS, filed by Joseph Simpson.(JS) |
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| Wednesday, January 24, 2024 | ||
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order
Order on Motion for Extension of Time to File ~Util - Set/Reset Deadlines
Wed 01/24 10:57 AM
TEXT ORDER entered by Judge James E. Shadid on 1/24/2024. Plaintiff files a second Motion for Extension of Time8 requesting additional time to file a petition to proceed in forma pauperis ("IFP petition") because he is waiting for Robinson Correctional Center to provide a certified statement to include with his IFP petition. Plaintiff does not need to include a certified statement with his IFP petition. The Clerk will request Plaintiff's trust fund ledger from the facility after he files his IFP petition. Plaintiff's Motion8 is DENIED. However, the Court will grant Plaintiff an additional 7 days to file his IFP petition. If Plaintiff fails to either pay the $405 filing fee or renew his IFP petition on or before 2/7/2024, his case will be dismissed. (ANW) |
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| Monday, January 22, 2024 | ||
| 8 | 8
motion
Extension of Time to File Document
Tue 01/23 11:37 AM
MOTION for Extension of Time to File IFP Form by Plaintiff Joseph Simpson. Responses due by 2/5/2024 (JS) |
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| Wednesday, January 17, 2024 | ||
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order
Order on Motion for Extension of Time to File ~Util - Set/Reset Deadlines
Wed 01/17 2:21 PM
TEXT ORDER entered by Judge James E. Shadid on 1/17/2024. Plaintiff's Motion for Extension of Time7 is GRANTED. Plaintiff is directed to file a petition to proceed in forma pauperis setting forth his income, assets, and expenses on or before 1/31/2024. If Plaintiff fails to either pay the $405 filing fee or renew his IFP petition on or before 1/31/2024, his case will be dismissed.(ANW) |
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| Tuesday, January 16, 2024 | ||
| 7 | 7
motion
Extension of Time to File Document
Tue 01/16 2:36 PM
MOTION for Extension of Time to file IFP Form by Plaintiff Joseph Simpson. Responses due by 1/30/2024 (JS) |
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| Thursday, January 04, 2024 | ||
| 6 | 6
misc
Remark
Thu 01/04 9:23 AM
Remark: IFP form attached pursuant to Text Order 1/4/2024 (SAG) |
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order
Order on Petition to Proceed In Forma Pauperis
Thu 01/04 9:22 AM
TEXT ORDER entered by Judge James E. Shadid on 1/4/2024. Plaintiff has filed a Petition to Proceed in Forma Pauperis3 that is insufficient as it is lacking information and is, therefore, denied with leave to renew. Plaintiff is directed to file a petition to proceed in forma pauperis setting forth his income, assets, and expenses on or before 1/18/2024. If Plaintiff fails to either pay the $405 filing fee or renew his IFP petition on or before 1/18/2024, his case will be dismissed. The Clerk is to provide Plaintiff with an IFP form to assist him. (SAG) |
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| Wednesday, December 20, 2023 | ||
| 5 | 5
motion
Request Counsel
Wed 12/20 5:09 PM
MOTION to Request Counsel by Plaintiff Joseph Simpson. Responses due by 1/3/2024 (SAG) |
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| 4 | 4
misc
Prisoner Trust Fund Ledger
Wed 12/20 5:08 PM
+++ PRISONER TRUST FUND LEDGER by Joseph Simpson (SAG) |
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| 3 | 3
motion
Petition to Proceed In Forma Pauperis
Wed 12/20 5:08 PM
PETITION TO PROCEED IN FORMA PAUPERIS, filed by Joseph Simpson.(SAG) |
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| 2 | 2
notice
Notice of Case Opening
Wed 12/20 5:07 PM
NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge James Shadid. Effective immediately, all documents should be mailed or scanned to the Peoria Division, 100 NE Monroe Street, Peoria, IL 61602. Merit Review Deadline set for 1/9/2024.(SAG) |
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Att: 1
Notice Regarding Privacy Issues
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| 1 | 1
cmp
Complaint
Wed 12/20 5:06 PM
COMPLAINT against McDonough County Police Departments, filed by Joseph Simpson.(SAG) |
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