Sutherland v. Smith et al
| Illinois Central District Court | |
| Judge: | Joe Billy Mcdade |
| Case #: | 4:25-cv-04025 |
| Nature of Suit | 555 Prisoner Petitions - Habeas Corpus - Prison Condition |
| Cause | 42:1983 Prisoner Civil Rights |
| Case Filed: | Jan 27, 2025 |
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| Docket last updated: 12 hours ago |
| Wednesday, January 29, 2025 | ||
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order
Order on Motion to Request Counsel Order Staying Case ~Util - Set/Reset Deadlines
Wed 01/29 1:35 PM
TEXT ORDER entered by Judge Joe Billy McDade on 1/29/2025. Plaintiff filed this suit alleging constitutional violations pursuant to 42 U.S.C. Sec 1983, related to his arrest and prosecution in several cases in Rock Island County Illinois. Certain of Plaintiff's claims implicate Heck v. Humphrey, 512 U.S. 477 (1994), in that if proven they would have the potential to undermine the pending criminal proceedings against Plaintiff, or indicate the invalidity of former still-standing convictions. For example, Plaintiff claims that he is innocent of certain charges. He asserts irregularities in his prosecution including denial of due process by the trial Court, and complains of issues with the public defender. Other of his claims likely accrued at or around the time of his arrest, for example, his Fourth Amendment claims. See Wallace v. City of Chicago, 440 F.3d 421, 428 (7th Cir. 2006). This Court must abstain pursuant to Younger v. Harris, 401 U.S. 37 (1971) due to the ongoing state court criminal proceedings against Plaintiff in Rock Island County. Gakuba v. O'Brien, 711 F.3d 751, 753 (7th Cir. 2013). Until the pending state matters are fully resolved, including appeals and any postconviction litigation, this case must wait. This matter is therefore STAYED. Plaintiff is directed to file a status report regarding his pending state criminal case, including the status of any trial court proceedings, appeals, and postconviction litigation, within 60 days. Failure to timely file the status report will subject this case to dismissal without prejudice for failure to prosecute. Separately, Plaintiff's Motion to Request Counsel 4 is DENIED. Plaintiff has not demonstrated any attempt to find an attorney on his own, nor does he assert that he has been prevented from writing to attorneys to ask for assistance. Pruitt v. Mote, 503 F.3d 647, 649 (7th Cir. 2007). (KE) |
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| Monday, January 27, 2025 | ||
| 5 | 5
misc
Letter Requesting Trust Fund Ledger
Mon 01/27 3:51 PM
Letter Requesting Trust Fund Ledger. Trust fund ledger sheets due by 2/10/2025. (ANW) |
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| 4 | 4
motion
Request Counsel
Mon 01/27 3:49 PM
MOTION to Request Counsel by Plaintiff John Sutherland. Responses due by 2/10/2025 (ANW) |
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| 3 | 3
motion
Petition to Proceed In Forma Pauperis
Mon 01/27 3:48 PM
PETITION TO PROCEED IN FORMA PAUPERIS, filed by John Sutherland.(ANW) |
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| 2 | 2
notice
Notice of Case Opening
Mon 01/27 3:47 PM
NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Joe Billy McDade. 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 2/18/2025.(ANW) |
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Att: 1
Notice Regarding Privacy Issues
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| 1 | 1
cmp
Complaint
Mon 01/27 3:45 PM
COMPLAINT against All Defendants, filed by John Sutherland.(ANW) |
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Att: 1
envelope
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