Lewis v. Demoss et al

Illinois Central District Court
Judge:Michael M Mihm
Case #: 1:25-cv-01137
Nature of Suit550 Prisoner Petitions - Habeas Corpus - Civil Rights
Cause42:1983 Prisoner Civil Rights
Case Filed:Apr 11, 2025

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Docket last updated: 5 hours ago
Monday, April 21, 2025
order Order on Petition to Proceed In Forma Pauperis ~Util - Set/Reset Deadlines Mon 04/21 8:32 AM
TEXT ORDER entered by Judge Michael M. Mihm on 4/21/2025. 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 McLean 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. For example, Plaintiff claims that he was searched and seized in the absence of probable cause to arrest. Other of his claims possibly accrued at or around the time of his arrest, for example, certain 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 McLean 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 cases, 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 Proceed in Forma Pauperis 3 is GRANTED. Pursuant to 28 U.S.C. Section 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $7.50. The agency having custody of Plaintiff is directed to forward the initial partial filing fee from Plaintiff's account to the Clerk of Court within 30 days of this order. After payment of the initial partial filing fee (or immediately if no funds are available for that payment) the agency having custody of Plaintiff shall 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, including gifts. 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, and to Plaintiff. Prisoner Prepayment due by 5/17/2025. (KE)
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utility Case Stayed Mon 04/21 8:35 AM
Case Stayed (KE)
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Thursday, April 17, 2025
5 5 misc Prisoner Trust Fund Ledger Thu 04/17 2:19 PM
+++ PRISONER TRUST FUND LEDGER by Christopher M Lewis (GL)
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Friday, April 11, 2025
4 4 misc Letter Requesting Trust Fund Ledger Fri 04/11 11:59 AM
Letter Requesting Trust Fund Ledger. Trust fund ledger sheets due by 4/25/2025. (JS)
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3 3 motion Petition to Proceed In Forma Pauperis Fri 04/11 11:52 AM
PETITION TO PROCEED IN FORMA PAUPERIS, filed by Christopher M Lewis.(JS)
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2 2 notice Notice of Case Opening Fri 04/11 11:50 AM
NOTICE OF CASE OPENING. Please be advised that your case has been assigned to Judge Michael Mihm. 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 5/1/2025.(JS)
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Att: 1 Notice Regarding Privacy Issues
1 1 cmp Complaint Fri 04/11 11:49 AM
COMPLAINT against Bowen Benoit, Bloomington Police Department,. Chambers, City of Bloomington, Dakota Demoss, Christian Gallich, Taylor Turner, filed by Christopher M Lewis.(JS)
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