Rico v. Doe
| Illinois Central District Court | |
| Judge: | Jonathan E Hawley |
| Case #: | 1:25-cv-01037 |
| Nature of Suit | 555 Prisoner Petitions - Habeas Corpus - Prison Condition |
| Cause | 42:1983 Prisoner Civil Rights |
| Case Filed: | Jan 31, 2025 |
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| Docket last updated: 11 hours ago |
| Friday, February 07, 2025 | ||
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order
Order on Motion for Leave to Proceed In Forma Pauperis ~Util - Set/Reset Deadlines
Fri 02/07 10:34 AM
TEXT ORDER entered by Judge Jonathan E. Hawley on 2/7/2025. Plaintiff's Motion for Leave to Proceed in forma pauperis4 is DENIED without prejudice. Plaintiff's Motion does not contain sufficient information about his finances. The Court sent Plaintiff the Court's IFP form on 1/31/2025. Plaintiff must pay the $405 filing fee in full or renew his Motion using the form the Court provided by 2/21/2025. 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. Plaintiff also files a Motion to Proceed as Class Action5 . 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 2/3/2025 because only Plaintiff had signed it, but nine other plaintiffs were named therein. The Court instructed Plaintiff to either 1) submit an Amended Complaint in only his name, or, 2) alternatively, all Plaintiffs must sign the Amended Complaint. (See d/e 2/3/2025). A complete Amended Complaint must be filed by 2/24/2025. The Amended 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. Failure to file an Amended Complaint by 2/24/2025 will result in dismissal of this case without prejudice.(ANW) |
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| Thursday, February 06, 2025 | ||
| 5 | 5
motion
Miscellaneous Relief
Thu 02/06 4:56 PM
MOTION to Proceed as Class Action by Plaintiff Miguel Rico. Responses due by 2/20/2025. (BL) |
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| 4 | 4
motion
Proceed In Forma Pauperis
Thu 02/06 4:54 PM
MOTION for Leave to Proceed in forma pauperis by Plaintiff Miguel Rico. Responses due by 2/20/2025. (BL) |
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| Monday, February 03, 2025 | ||
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order
~Util - Set/Reset Deadlines
Mon 02/03 12:04 PM
TEXT ORDER entered by Judge Jonathan E. Hawley on 2/3/2025. On January 31, 2025, Plaintiff Miguel Rico filed a Complaint1 , which lists nine additional Plaintiffs. However, the pleading is only signed by Plaintiff. Because Plaintiff is not a lawyer, he cannot represent anyone but himself; thus, all Plaintiffs are required to sign every filing. See AsymaDesign, LLC v. CBL & Assocs. Mgmt., Inc., 103 F.4th 1257, 125859 (7th Cir. 2024) (citing Fed. R. Civ. P. 11(a)). District Courts must strike unsigned pleadings. Marcure v. Lynn, 992 F.3d 625 (7th Cir. 2021). The Clerk is directed to STRIKE Plaintiff's Complaint. Plaintiff is allowed 21 days to file a Complaint either 1) naming himself solely 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 file an Amended Complaint within 21 days will result in dismissal of this case without prejudice.(ANW) |
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| Friday, January 31, 2025 | ||
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2
pgs
order
Order ~Util - Set/Reset Deadlines
Fri 01/31 1:05 PM
TEXT ORDER entered by District Judge Jonathan E Hawley on 1/31/2025. 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.(SAG) |
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notice
Notice of Case Opening
Fri 01/31 1:03 PM
NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Jonathan E Hawley. 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 2/20/2025.(SAG) |
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Att: 1
Notice Regarding Privacy Issues
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| 1 | 1
cmp
Complaint
Fri 01/31 1:02 PM
COMPLAINT against John Doe, filed by Miguel Rico.(SAG) |
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