Boyd v. Danville Public Safety Building et al
| Illinois Central District Court | |
| Judge: | Jonathan E Hawley |
| Case #: | 2:18-cv-02040 |
| Nature of Suit | 550 Prisoner Petitions - Habeas Corpus - Civil Rights |
| Cause | 42:1983 Prisoner Civil Rights |
| Case Filed: | Feb 05, 2018 |
| Terminated: | May 31, 2019 |
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| Docket last updated: 12 hours ago |
| Wednesday, June 05, 2019 | ||
| 41 | 41
misc
Judgment
Wed 06/05 2:43 PM
JUDGMENT ENTERED. (KB, ilcd) |
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| Friday, May 31, 2019 | ||
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order
Order on Motion for Summary Judgment
Fri 05/31 10:02 AM
TEXT ORDER granting38 Defendants Harding and Miller's Motion for Summary Judgment. The Plaintiff's response to the Defendants' Motion for Summary Judgment was originally due on 5/17/2019. On 5/23/2019, the Court sua sponte extended the Plaintiff's deadline to 5/30/2019 to respond to the Motion for Summary Judgment. The Plaintiff has filed nothing in this case since 4/25/2019. Local Rule 7.1(D)(2) provides, "A failure to respond [to a summary judgment motion] will be deemed an admission of the motion." Accordingly, the Plaintiff's failure to respond to the Defendants' Motion for Summary Judgment38 is deemed an admission of the Motion pursuant to Local Rule 7.1(D)(2) and the Motion is GRANTED. Entered by Magistrate Judge Jonathan E. Hawley on 5/31/2019. (KZ, ilcd) |
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| Thursday, May 23, 2019 | ||
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order
Order
Thu 05/23 9:25 AM
TEXT ORDER: The Court sua sponte extends the Plaintiff's deadline to respond to the Defendants' Motion for Summary Judgment38 to 5/30/2019. If the Plaintiff fails to file his response by 5/30/2019, the Court will grant the Motion for Summary Judgment as unopposed. See Local Rule 7.1(D)(2). Entered by Magistrate Judge Jonathan E. Hawley on 5/23/2019. (KZ, ilcd) |
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| Monday, April 29, 2019 | ||
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notice
Notice Rule 56 entered
Mon 04/29 8:26 AM
RULE 56 NOTICE entered re38 MOTION for Summary Judgment (FDS, ilcd) |
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| Friday, April 26, 2019 | ||
| 39 | 39
notice
Notice (Other)
Fri 04/26 4:24 PM
NOTICE Local Rule 56.2 Notice of Summary Judgment Motion to Pro Se Litigant re38 MOTION for Summary Judgment (Rose, Jason) |
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| 38 | 38
motion
Summary Judgment
Fri 04/26 4:06 PM
MOTION for Summary Judgment by Defendants Shelly Harding, Marcie Miller. Responses due by 5/17/2019(Rose, Jason) |
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Att: 1
Exhibit A-1,
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Att: 2
Exhibit A-2,
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Att: 3
Exhibit B
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| Thursday, April 25, 2019 | ||
| 37 | 37
notice
Notice of Change of Address
Thu 04/25 12:33 PM
NOTICE of Change of Address by Djuantae Lamar Boyd. Plaintiff now resides at 934 N. Jackson Street, Danville, IL 61832 (LN, ilcd) |
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| Thursday, April 04, 2019 | ||
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order
Order on Motion to Withdraw as Attorney
Thu 04/04 9:26 AM
TEXT ORDER granting36 Motion to Withdraw as Attorney. Attorney Michael J Cosgrove terminated as counsel in this case. Entered by Magistrate Judge Jonathan E. Hawley on 4/4/19. (WG, ilcd) |
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| Wednesday, April 03, 2019 | ||
| 36 | 36
motion
Withdraw as Attorney
Wed 04/03 1:36 PM
MOTION to Withdraw as Attorney Motion to Withdraw Appearance of Michael J. Cosgrove by Defendants Shelly Harding, Marcie Miller. Responses due by 4/17/2019 (Condon, Michael) |
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| Wednesday, March 20, 2019 | ||
| 35 | 35
notice
Notice of Appearance of Attorney
Wed 03/20 10:01 AM
NOTICE of Appearance of Attorney by Jason W Rose on behalf of Shelly Harding, Marcie Miller (Rose, Jason) |
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| Friday, March 15, 2019 | ||
| 34 | 34
respm
Response to Motion/Petition
Fri 03/15 11:53 AM
RESPONSE/OBJECTIONS to33 MOTION for Extension of Time to File Motion for Summary Judgment filed by Plaintiff Djuantae Lamar Boyd. (KB, ilcd) |
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| Monday, March 04, 2019 | ||
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order
Order on Motion for Extension of Time to File 1 - Terminate Deadlines and Hearings ~Util - Set/Reset Deadlines
Mon 03/04 1:01 PM
TEXT ORDER granting33 Motion for Extension of Time to File. Discovery deadline of 2/26/19 is satisfied as past. The Dispositive Motion filing deadlines is extended to 4/26/2019. Entered by Magistrate Judge Jonathan E. Hawley on 3/4/19. (WG, ilcd) |
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| Friday, March 01, 2019 | ||
| 33 | 33
motion
Extension of Time to File Document
Fri 03/01 3:29 PM
MOTION for Extension of Time to File Motion for Summary Judgment by Defendants Shelly Harding, Marcie Miller. Responses due by 3/15/2019 (Condon, Michael) |
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| Wednesday, January 16, 2019 | ||
| 32 | 32
3
pgs
order
Order on Motion to Amend/Correct
Wed 01/16 4:45 PM
ORDER denying29 the Plaintiff's "Attachment Motion for Leave to File an Amended Complaint." Entered by Magistrate Judge Jonathan E. Hawley on 1/16/2019. (KZ, ilcd) |
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| Wednesday, January 09, 2019 | ||
| 31 | 31
respm
Response to Motion/Petition
Wed 01/09 3:37 PM
RESPONSE to Motion re29 MOTION to Amend/Correct Defendants' Response to Plaintiff's Motion to Amend His Complaint filed by Defendants Shelly Harding, Marcie Miller. (Condon, Michael) |
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| Wednesday, January 02, 2019 | ||
| 30 | 30
audio
Auto docketing digital audio upload
Wed 01/02 2:45 PM
PDF with attached Audio File. Court Date & Time [ 1/2/2019 1:57:32 PM ]. File Size [ 5135 KB ]. Run Time [ 00:10:42 ]. (admin) |
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minutes
Status Conference - Referral Judge Order on Motion for Miscellaneous Relief Order on Motion to Amend/Correct
Wed 01/02 2:14 PM
Minute Entry for proceedings held before Magistrate Judge Jonathan E. Hawley: Parties present via telephone by Plaintiff Djuantae Lamar Boyd and Atty Michael Cosgrove for Status Conference held on 1/2/2019. Discussion held regarding28 Motion to Subpoena. As the Defendants seek to obtain the medical records as well, Defense counsel is to subpoena the records and provide Mr. Boyd with copies. Therefore,28 motion is MOOT. Discussion held regarding29 Motion to Amend Judgment. This motion is actually a Motion to Amend the Complaint. The Clerk is directed to correct the docket event to reflect a Motion to Amend the Complaint. The Court RESERVES ruling on29 motion until the Defendants have filed their response. All current deadlines remain as previously set. The Clerk is directed to mail the Plaintiff a copy of this Minute Entry. (Tape #PRC: 1:57 p.m.) (FDS, ilcd) |
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| Wednesday, December 26, 2018 | ||
| 29 | 29
motion
Amend/Correct
Wed 12/26 2:22 PM
MOTION to Amend Judgment by Plaintiff Djuantae Lamar Boyd. Responses due by 1/9/2019. (LN, ilcd) |
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| Friday, December 21, 2018 | ||
| 28 | 28
motion
Miscellaneous Relief
Fri 12/21 11:36 AM
MOTION to subpoena by Plaintiff Djuantae Lamar Boyd. Responses due by 1/4/2019. (KB, ilcd) |
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| Thursday, November 08, 2018 | ||
| 27 | 27
service
Writ of Habeas Corpus Issued
Thu 11/08 10:24 AM
Telephone Writ of Habeas Corpus Issued as to Djuantae Lamar Boyd for hearing on 1/2/19 at 2:00 p.m. (FDS, ilcd) |
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| 26 | 26
audio
Auto docketing digital audio upload
Thu 11/08 8:20 AM
PDF with attached Audio File. Court Date & Time [ 11/6/2018 2:29:25 PM ]. File Size [ 6946 KB ]. Run Time [ 00:14:28 ]. (admin) |
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| Tuesday, November 06, 2018 | ||
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minutes
Status Conference ~Util - Set/Reset Deadlines/Hearings Order on Motion for Miscellaneous Relief
Tue 11/06 4:12 PM
Minute Entry for proceedings held before Magistrate Judge Jonathan E. Hawley: Parties present via telephone by Pro Se Plaintiff Djuantae Lamar Boyd and Atty Michael Cosgrove for Status Conference held on 11/6/18. Discussion held regarding the status of this case. Plaintiff to forward to Dfts counsel on or before 11/27/18, a written request regarding any witnesses, documents, and information in Dfts possession to be produced to the Plaintiff. Case set for further Status Conference on 1/2/2019 at 2:00 PM by telephone from Peoria (court will place call) before Magistrate Judge Jonathan E. Hawley. Clerk to issue a telephone writ for Plaintiff's participation in this hearing. Discussion held regarding25 Motion for Copies. The Court GRANTS this motion, and directs the Clerk to mail copies of all documents filed in this case thus far to the Plaintiff. Clerk to mail a copy of this Minute Entry to the Plaintiff. (Tape #PRC: 2:30 p.m.) (FDS, ilcd) |
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| Thursday, October 25, 2018 | ||
| 25 | 25
motion
Miscellaneous Relief
Fri 10/26 2:38 PM
MOTION for copies by Plaintiff Djuantae Lamar Boyd. Responses due by 11/8/2018 (KB, ilcd) |
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| 24 | 24
service
Writ of Habeas Corpus Issued
Thu 10/25 1:48 PM
TELEPHONE Writ of Habeas Corpus Issued as to Djuantae Lamar Boyd for 11/6/18 at 2:30 p.m. (FDS, ilcd) |
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| Monday, October 22, 2018 | ||
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order
Consent to Jurisdiction by US Magistrate Judge
Mon 10/22 10:42 AM
TEXT ORDER: Entered by Judge Sara Darrow on 10/22/2018. The parties have consented in writing to the exercise of jurisdiction by a United States Magistrate Judge in this case. See23 . Accordingly, this case is transferred to Magistrate Judge Hawley for all further proceedings. Clerk is directed to notify Judge Hawley's chambers of this transfer. (LN, ilcd) |
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order
Order ~Util - Set/Reset Hearings
Mon 10/22 11:30 AM
TEXT ORDER: Due to the newly filed Consent to a Magistrate Judge in this matter, a telephone Status Conference is set for 11/6/2018 at 2:30 PM by telephone from Peoria (court will place call) before Magistrate Judge Jonathan E. Hawley. Entered by Magistrate Judge Jonathan E. Hawley on 10/22/18. (WG, ilcd) |
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| Friday, September 21, 2018 | ||
| 23 | 23
misc
Proposed Consent to Jurisdiction by US Magistrate Judge
Fri 09/21 1:58 PM
PROPOSED ORDER: CONSENT to Jurisdiction by US Magistrate Judge. (Condon, Michael) |
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| Monday, September 17, 2018 | ||
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order
Order on Motion to Request Counsel Order on Motion to Amend/Correct
Mon 09/17 4:20 PM
TEXT ORDER: Entered by Judge Sara Darrow on 9/17/2018. Plaintiff filed a Motion to Request Counsel19 . Plaintiff has no constitutional or statutory right to counsel in this case. In considering the Plaintiff's motion, the court asks: (1) has the indigent Plaintiff made a reasonable attempt to obtain counsel or been effectively precluded from doing so; and if so, (2) given the difficulty of the case, does the plaintiff appear competent to litigate it himself? Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007). Plaintiff attached copies of letters he sent to and received from attorneys regarding his requests for representation, and, therefore, the Court finds that Plaintiff has satisfied the first prong. Plaintiff, however, has personal knowledge of the facts, he has been able to adequately communicate them to the Court, and he should be able to obtain relevant documents via the discovery process. Given the early stage of this litigation, the case also does not appear overly complex. Accordingly, the Court finds that Plaintiff is capable of representing himself at this time. Plaintiff's motion19 is DENIED with leave to renew. Plaintiff's Motion to Amend Complaint22 is DENIED. Piecemeal amendments are not permitted. If Plaintiff desires to amend his complaint, he must attach a proposed amended complaint that contains all allegations against all defendants. The amended complaint must stand on its own without reference to the original complaint. (LN, ilcd) |
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| Friday, September 14, 2018 | ||
| 22 | 22
motion
Amend/Correct
Fri 09/14 12:00 PM
MOTION for Leave to File An Amended Complaint by Plaintiff Djuantae Lamar Boyd. Responses due by 9/28/2018. (LN, ilcd) |
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| Wednesday, September 12, 2018 | ||
| 21 | 21
notice
Notice of Appearance of Attorney
Wed 09/12 11:44 AM
NOTICE of Appearance of Attorney by Michael J Cosgrove on behalf of Shelly Harding, Marcie Miller (Cosgrove, Michael) |
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| Monday, September 10, 2018 | ||
| 20 | 20
respm
Response to Motion/Petition
Mon 09/10 7:20 PM
RESPONSE to Motion re19 MOTION to Request Counsel filed by Defendants Shelly Harding, Marcie Miller. (Condon, Michael) |
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| Thursday, August 30, 2018 | ||
| 19 | 19
motion
Request Counsel
Thu 08/30 2:13 PM
MOTION to Request Counsel by Plaintiff Djuantae Lamar Boyd. Responses due by 9/13/2018. (LN, ilcd) |
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| Wednesday, August 29, 2018 | ||
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order
Order on Motion for Miscellaneous Relief
Wed 08/29 9:19 AM
TEXT ORDER: Entered by Judge Sara Darrow on 8/29/2018. Plaintiff's Motion18 is DENIED as Plaintiff does not request any specific relief. (LN, ilcd) |
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| Monday, August 27, 2018 | ||
| 18 | 18
motion
Miscellaneous Relief
Mon 08/27 11:22 AM
MOTION to the Court (in letter form) by Plaintiff Djuantae Lamar Boyd. Responses due by 9/10/2018. (LN, ilcd) |
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| Thursday, July 26, 2018 | ||
| 17 | 17
order
Prisoner Scheduling Order
Thu 07/26 4:39 PM
SCHEDULING ORDER- Entered by Judge Sara Darrow on 7/26/2018. Discovery closes February 27, 2019. Summary judgment motions are due March 27, 2019. (LN, ilcd) |
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Att: 1
Magistrate Consent Form
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| Friday, July 13, 2018 | ||
| 16 | 16
answer
Answer to Complaint
Fri 07/13 2:32 PM
ANSWER to1 Complaint AND AFFIRMATIVE DEFENSES by Shelly Harding, Marcie Miller.(Condon, Michael) |
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| Tuesday, June 26, 2018 | ||
| 15 | 15
misc
Certificate of Interest
Tue 06/26 4:56 PM
CERTIFICATE OF INTEREST pursuant to Local Rule 11.3 by Shelly Harding, Marcie Miller. (Condon, Michael) |
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| 14 | 14
notice
Notice of Appearance of Attorney
Tue 06/26 4:56 PM
NOTICE of Appearance of Attorney by Michael W Condon on behalf of Shelly Harding, Marcie Miller (Condon, Michael) |
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| 13 | 13
service
Waiver of Service Executed
Tue 06/26 4:20 PM
WAIVER OF SERVICE Returned Executed by Shelly Harding, Marcie Miller. Shelly Harding waiver sent on 5/14/2018, answer due 7/13/2018; Marcie Miller waiver sent on 5/14/2018, answer due 7/13/2018. (Condon, Michael) |
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| Monday, May 14, 2018 | ||
| 12 | 12
service
Request for Waiver of Service & Notice of Lawsuit
Mon 05/14 1:42 PM
REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Defendants Harding and Miller on 5/14/2018.(LN, ilcd) |
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Att: 1
Waiver
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| 11 | 11
order
HIPAA Order
Mon 05/14 1:28 PM
HIPAA QUALIFIED PROTECTIVE ORDER - Entered by Judge Harold A. Baker on 5/14/2018. (LN, ilcd) |
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| 10 | 10
order
Prisoner Merit Review Opinion ~Util - Add and Terminate Parties Order on Motion for Miscellaneous Relief
Mon 05/14 1:25 PM
MERIT REVIEW ORDER - Entered by Judge Harold A. Baker on 5/14/2018. See written Order. This case is now in the process of service. The clerk is directed to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. The clerk is directed to terminate Danville Public Safety Building as a defendant. The clerk is directed to attempt service on Defendants Harding and Miller pursuant to the standard procedures. Plaintiff's Motion for Status9 is GRANTED. The Court has issued this order in lieu of conducting a merit review hearing. No further hearings will be scheduled at this time. (LN, ilcd) |
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| Wednesday, April 04, 2018 | ||
| 9 | 9
motion
Miscellaneous Relief
Wed 04/04 12:18 PM
MOTION for Status by Plaintiff Djuantae Lamar Boyd. Responses due by 4/18/2018. (LN, ilcd) |
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| Thursday, March 22, 2018 | ||
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minutes
Merit Review Hearing
Thu 03/22 11:30 AM
Minute Entry for proceedings held 3/22/2018 before Judge Harold A. Baker. No appearance by Plaintiff. Merit Review Hearing not held. Hearing to be reset for a later date. (KE, ilcd) |
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| Friday, March 02, 2018 | ||
| 8 | 8
misc
Writ Issued
Fri 03/02 1:48 PM
Telephone WRIT issued for the 3/22/2018 Merit Review Hearing. (Writ faxed and sent via conventional mail to Sheridan C.C.) (LN, ilcd) |
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order
Order ~Util - Set/Reset Hearings
Fri 03/02 1:45 PM
TEXT ORDER entered by Judge Harold A. Baker on 3/2/18. A merit review hearing is set for March 22, 2018, at 10:10 a.m., by telephone conference call from Urbana. The clerk is directed to issue a writ to insure plaintiff's appearance at this merit review hearing. (LN, ilcd) |
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| Wednesday, February 28, 2018 | ||
| 7 | 7
notice
Notice of Change of Address
Wed 02/28 12:03 PM
NOTICE of Change of Address by Djuantae Lamar Boyd. Plaintiff now resides at Sheridan C.C. (LN, ilcd) |
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| Wednesday, February 21, 2018 | ||
| 6 | 6
notice
Notice of Change of Address
Wed 02/21 2:57 PM
NOTICE of Change of Address by Djuantae Lamar Boyd - Now located at Stateville Corr Center. (KB, ilcd) |
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| Wednesday, February 14, 2018 | ||
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notice
Prisoner Change of Address Notification
Wed 02/14 10:07 AM
NOTICE: The Clerk of the Court has been informed by Danville C.C. that effective immediately, Plaintiff has been transferred from Vermilion County Jail to Stateville C.C.. The Illinois Department of Corrections has conveyed this information simply as a courtesy to the Clerk of the Court.Plaintiff is reminded that he is under a continuing obligation to keep the Clerk and each opposing party informed of any change in his location. Pursuant to Central District of Illinois Local Rule 16.3(K), every pro se plaintiff must notify the Clerk of this court in writing of any change of address during the entire pendency of his case. It is not the Court's responsibility to independently maintain current addresses on all parties to pending actions. As a courtesy to Plaintiff, however, the Clerk is DIRECTED to send a copy of this Notice to Plaintiff at the institution where he has reportedly been transferred. Plaintiff shall, no later than 14 days from the date of this Notice, file a notice of change of address with the Clerk. Failure to do so will result in dismissal of this action.Notice of Change of Address to be filed by plaintiff by 2/28/2018. (LN, ilcd) |
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| Thursday, February 08, 2018 | ||
| 5 | 5
misc
Prisoner Trust Fund Ledger
Thu 02/08 3:09 PM
+++ PRISONER TRUST FUND LEDGER. (LN, ilcd) |
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order
Order on Petition to Proceed In Forma Pauperis
Thu 02/08 3:11 PM
TEXT ORDER - Entered by Judge Sara Darrow on 2/8/2018 granting3 Petition to Proceed In Forma Pauperis. Plaintiff`s trust fund ledgers indicate he has no funds to make an initial partial payment of the filing fee. Pursuant to 28 U.S.C. Section 1915(b)(4), the initial partial filing fee is waived. The agency having custody of Plaintiff is directed to make monthly payments of 20 percent of the preceding month`s income credited to Plaintiff`s account to the Clerk of Court. Income includes all deposits from any source. The agency having custody of the plaintiff shall forward these payments each time Plaintiff`s account exceeds $10, until the filing fee of $350 is paid in full. The Clerk is directed to mail a copy of this order to Plaintiff`s place of confinement, to the attention of the Trust Fund Office. (LN, ilcd) |
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| Tuesday, February 06, 2018 | ||
| 4 | 4
misc
Letter
Tue 02/06 11:26 AM
Letter from Clerk of Court requesting Trust Fund Ledgers. (LN, ilcd) |
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| Monday, February 05, 2018 | ||
| 3 | 3
motion
Petition to Proceed In Forma Pauperis
Tue 02/06 11:17 AM
PETITION TO PROCEED IN FORMA PAUPERIS, filed by Djuantae Lamar Boyd.(LN, ilcd) |
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| 2 | 2
notice
Notice of Case Opening
Tue 02/06 11:15 AM
NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Sara Darrow. Effective immediately, all documents should be mailed or scanned to the Rock Island Division, 211 19th Street, Rock Island, IL 61201.Merit Review Deadline set for 2/26/2018. (LN, ilcd) |
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Att: 1
Notice Regarding Privacy Issues
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| 1 | 1
cmp
Complaint
Tue 02/06 11:14 AM
COMPLAINT against all defendants, filed by Djuantae Lamar Boyd.(LN, ilcd) |
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Att: 1
Exhibit,
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Att: 2
envelope
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