Rico v. Doe
| Illinois Central District Court | |
| Judge: | Joe Billy Mcdade |
| Case #: | 1:25-cv-01035 |
| Nature of Suit | 555 Prisoner Petitions - Habeas Corpus - Prison Condition |
| Cause | 42:1983 Prisoner Civil Rights |
| Case Filed: | Jan 28, 2025 |
Create an account to get the full party report for this case.
| Docket last updated: 10 hours ago |
| Friday, February 07, 2025 | ||
|
order
Order on Motion for Leave to Proceed In Forma Pauperis Order on Motion for Miscellaneous Relief
Fri 02/07 8:21 AM
TEXT ORDER entered by Judge Joe Billy McDade on 2/7/2025. Plaintiff's Motion to Proceed in Forma Pauperis8 is denied without prejudice. The Court sent Plaintiff the court's IFP form on 1/31/25. Plaintiff is to renew his motion on the court provided form. Plaintiff's Motion to Proceed as All9 is DENIED. Plaintiff and several other inmates seek to proceed as a class under Rule 23. The Court finds that Plaintiffs would be unable to guarantee adequate representation of all class members as they are in prison and do not have counsel, have not demonstrated an attempt to find counsel, do not have the ability to communicate with all class members, and all potential class members can still bring individual lawsuits. See Howard v. Pollard, 814 F.3d 476, 478 (7th Cir. 2015). Multiple incarcerated plaintiffs may seek to proceed together if joinder of their claims is proper under Rule 20. Boriboune v. Berge, 391 F.3d 852, 85556 (7th Cir. 2004). However, if allowed to proceed in forma pauperis, each litigant is required to pay a filing fee under the Prison Litigation Reform Act. Id. Further, when parties pursue joint litigation, they enjoy the possibility of joint success but also bind themselves to joint losses or joint sanctions that may stem from the case. See id. ("Many prisoners may think that the risks of joint litigation exceed the gains."). The Court struck the complaint on 1/31/2025 because only Plaintiff had signed it, but ten other plaintiffs were named therein. The Court instructed Plaintiff to either 1) submit a complaint in only his name, or, 2) alternatively, all Plaintiffs must sign the amended complaint. A complete amended complaint must be filed. The complaint must be signed by each Plaintiff. Alternatively, Plaintiff can proceed on solely his own behalf, and each of the other Plaintiffs can file their own individual lawsuits. Deadline for amended complaint remains for 2/21/25. Failure to amend will result in dismissal with prejudice for failure to follow Court orders. (KE) |
||
| Thursday, February 06, 2025 | ||
| 9 | 9
motion
Miscellaneous Relief
Thu 02/06 4:09 PM
MOTION to proceed as all by Plaintiff Miguel Rico. Responses due by 2/20/2025 (RES) |
|
| 8 | 8
motion
Proceed In Forma Pauperis
Thu 02/06 10:42 AM
PETITION for Leave to Proceed in forma pauperis by Plaintiff Miguel Rico. Responses due by 2/20/2025 (RES) (Main Document 8 replaced on 2/6/2025) (RES) |
|
| Monday, February 03, 2025 | ||
|
order
Order on Petition to Proceed In Forma Pauperis Order on Motion for Leave to Proceed In Forma Pauperis Order on Motion for Miscellaneous Relief ~Util - Set/Reset Deadlines
Mon 02/03 8:24 AM
TEXT ORDER entered by Judge Joe Billy McDade on 2/3/2025. Plaintiff's Motions to Proceed in Forma Pauperis4 ,6 are denied without prejudice. The Court sent Plaintiff the court's IFP form on 1/31/25. Plaintiff to renew motion on court provided form. Plaintiff's Motion to Proceed as All7 is DENIED. Plaintiff and several other inmates seek to proceed as a class under Rule 23. The Court finds that Plaintiffs would be unable to guarantee adequate representation of all class members as they are in prison and do not have counsel, have not demonstrated attempted to find counsel, do not have the ability to communicate with all class members, and all potential class members can still bring individual lawsuits. See Howard v. Pollard, 814 F.3d 476, 478 (7th Cir. 2015). Multiple incarcerated plaintiffs may seek to proceed together if joinder of their claims is proper under Rule 20. Boriboune v. Berge, 391 F.3d 852, 85556 (7th Cir. 2004). However, if allowed to proceed in forma pauperis, each litigant is required to pay a filing fee under the Prison Litigation Reform Act. Id. Further, when parties pursue joint litigation, they enjoy the possibility of joint success but also bind themselves to joint losses or joint sanctions that may stem from the case. See id. ("Many prisoners may think that the risks of joint litigation exceed the gains."). The court struck the complaint on 1/31/2025 because only Plaintiff had signed it, but several other plaintiffs were named therein. The Court instructed Plaintiff to either submit a complaint in only his name, or, alternatively, all Plaintiffs must sign the complaint. Deadline for amended complaint remains for 2/21/25. (KE) |
||
| Friday, January 31, 2025 | ||
| 7 | 7
motion
Miscellaneous Relief
Fri 01/31 1:32 PM
MOTION to proceed as all by Plaintiff Miguel Rico. Responses due by 2/14/2025 (RES) |
|
| 6 | 6
motion
Proceed In Forma Pauperis
Fri 01/31 1:30 PM
PETITION for Leave to Proceed in forma pauperis by Plaintiff Miguel Rico. Responses due by 2/14/2025 (RES) |
|
| 5 | 5
misc
Remark
Fri 01/31 12:24 PM
Remark: IFP Form to Plaintiff pursuant to Text Order entered this day. (KE) |
|
|
order
Order ~Util - Set/Reset Deadlines
Fri 01/31 12:23 PM
TEXT ORDER entered by Judge Joe Billy McDade on 1/31/2025. Plaintiff has filed a document requesting to proceed without prepayment of fees. Motion4 . Because Plaintiff's filing does not include enough information for the Court to fully assess whether he is entitled to proceed without prepayment of fees under 28 U.SC. Section 1915(b), the Clerk is directed to provide Plaintiff with a blank copy of the Court's form Petition to Proceed in Forma Pauperis. Plaintiff to complete and return the same within 21 days. Failure to return the fully completed and signed form or pay the $405 filing fee will result in dismissal of this case without prejudice for failure to prosecute. (KE) |
||
| Thursday, January 30, 2025 | ||
| 4 | 4
motion
Petition to Proceed In Forma Pauperis
Thu 01/30 2:22 PM
PETITION TO PROCEED IN FORMA PAUPERIS, filed by Miguel Rico.(RES) |
|
| Wednesday, January 29, 2025 | ||
|
order
Order ~Util - Set/Reset Deadlines
Wed 01/29 4:04 PM
TEXT ORDER entered by Judge Joe Billy McDade on 1/29/2025. District Courts must strike unsigned pleadings. Marcure v. Lynn, 992 F.3d 625 (7th Cir. 2021). On 1/28/25 Plaintiff filed his Complaint1 . The Complaint purports to be filed by 10 inmates. The Complaint is only signed by Plaintiff. The Clerk is directed to STRIKE the complaint. Plaintiff is allowed 21 days to file a complaint either 1) naming solely himself as Plaintiff, or 2) signed by all Plaintiffs. If multiple Plaintiffs intend to sue together each will be required to pay a filing fee or file their own request to proceed without prepayment of fees. Failure to amend within 21 days will result in dismissal without prejudice. (KE) |
||
| Tuesday, January 28, 2025 | ||
| 3 | 3
2
pgs
order
Order ~Util - Set/Reset Deadlines
Tue 01/28 3:43 PM
TEXT ORDER entered by Judge Joe Billy McDade on 1/28/2025. Plaintiff has filed a Complaint but has not paid the $405 filing fee nor filed a petition to proceed in forma pauperis. Within 21 days of the entry of this order, Plaintiff must pay the $405 filing fee in full or file a petition to proceed in forma pauperis with attached trust fund ledgers for the last 6 months. Failure to comply without good cause will result in dismissal of this case without prejudice, and the Plaintiff will still be responsible for payment of the filing fee. See 28 U.S.C. Sec. 1914. The Clerk is directed to send Plaintiff the forms for proceeding in forma pauperis. (KE) |
|
| 2 | 2
notice
Notice of Case Opening
Tue 01/28 3:39 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.(KE) |
|
|
Att: 1
Notice Regarding Privacy Issues
|
||
| 1 | 1
cmp
Complaint
Tue 01/28 3:38 PM
COMPLAINT against All Defendants, filed by Miguel Rico.(KE) |
|