Riley v. Wills et al
| Illinois Southern District Court | |
| Judge: | Staci M Yandle |
| Case #: | 3:24-cv-02624 |
| Nature of Suit | 555 Prisoner Petitions - Habeas Corpus - Prison Condition |
| Cause | 42:1983 Prisoner Civil Rights |
| Case Filed: | Dec 16, 2024 |
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| Docket last updated: 12/20/2024 11:59 PM CST |
| Friday, December 20, 2024 | ||
| 5 | 5
order
Order to File Amended Pleading
Fri 12/20 2:34 PM
ORDER DISMISSING1 Complaint without prejudice and ORDER to file Amended Pleading. Plaintiff filed this action under 42 U.S.C. 1983 for alleged constitutional deprivations that occurred when he was assaulted with urine by another inmate and subjected to other unconstitutional conditions at Menard Correctional Center. He refers to no defendants in the statement of his claim and instead mentions "officers," "counselors," "grievance officer," "warden," and "Springfield." Section 1983 liability hinges on personal involvement in a constitutional deprivation. Matz v. Klotka, 769 F.3d 517, 528 (7th Cir. 2014). To state a claim, Plaintiff must name each individual wrongdoer as a defendant in the case caption and also describe what each person did to violate his rights in the statement of clam. Id. If Plaintiff does not know each defendant's name, he can still identify each one in the case caption and statement of claim using a generic name, like "John Doe 1," "Jane Doe 1," etc. Plaintiff's Complaint does not survive screening under 28 U.S.C. 1915A because he fails to refer to any defendants by name or briefly describe what each person did to violate his constitutional rights in his statement of claim. Plaintiff is GRANTED leave to file a "First Amended Complaint" in this case, Case No. 24-cv-2624, on or before JANUARY 22, 2025. The First Amended Complaint will supersede and replace the original, and it will be screened under 28 U.S.C. 1915A. To ensure Plaintiff's compliance with this Order, the Clerk's Office is DIRECTED to SEND Plaintiff a blank civil rights complaint form and copy of the1 Complaint, along with this Order. Amended Pleadings due by 1/22/2025. Signed by Judge Staci M. Yandle on 12/20/2024. (jsy) |
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| Monday, December 16, 2024 | ||
| 4 | 4
notice
Notice Requesting Consent
Mon 12/16 1:27 PM
NOTICE FROM CLERK Instructing Plaintiff to file Notice and Consent to Proceed Before A Magistrate Judge Jurisdiction Form: Pursuant to Administrative Order No. 386, within 21 days of this Notice, you must file the attached form indicating your consent to proceed before a Magistrate Judge or an affirmative declination to consent. Consent/Non-Consent to U.S. Magistrate Judge Jurisdiction form sent to Plaintiff on 12/16/2024. Consent due by 1/6/2025 (kare) |
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| 3 | 3
order
Order
Mon 12/16 1:26 PM
NOTICE AND ORDER: The Court has received your complaint and your motion to proceed without prepayment of the filing fee. Your case number is 24-2624 SMY. The following is some information you should know regarding the initial stages of your lawsuit. After your filing fee status is determined, the Court will review your complaint to identify legally sufficient claims and defendants and dismiss any legally insufficient claims. See: 28 U.S.C. Sec. 1915A. The Court will conduct this review within the next 60 days and inform you of the findings in a Merit Review Order. No other action will be taken in your case during this time, absent extraordinary circumstances. Therefore, you do not need to submit any evidence, argument, motions, or other documents. If you filed a motion for recruitment of counsel along with your complaint, it will not be considered until the merit review is complete. Please note that any motion for recruitment of counsel must include evidence of your own efforts to find counsel, such as a list of the attorneys you contacted and copies of letters you sent or received. See Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007). If you do not receive a Merit Review Order within the next 60 days, you may file a motion requesting the status of your case. In the event your claim(s) survive the merit review, further information and instruction will be provided to you at that time. In addition, several administrative matters warrant mention. Any communication directed to the Court should be in the form of a motion or other pleading and not a letter. All mail should be sent to: Clerk's Office, U.S. District Court, 750 Missouri Avenue, East St. Louis, IL 62201. Finally, you are advised that if your address changes, you must notify the Court within fourteen days of the change by filing a Notice of Change of Address. Failure to do so could result in the dismissal of your case. Signed by Judge Staci M. Yandle on 12/16/2024. (kare) |
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| 2 | 2
motion
Proceed In Forma Pauperis
Mon 12/16 1:24 PM
MOTION for Leave to Proceed in forma pauperis by Ray Riley. (kare) |
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| 1 | 1
cmp
Complaint
Mon 12/16 1:23 PM
COMPLAINT against All Defendants, filed by Ray Riley.(kare) |
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