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15-50016 - Moore v. Dominguez et al


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15-50016 - Moore v. Dominguez et al
March 4, 2015
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ORDER : Plaintiff's motion for leave to proceed in forma pauperis 4 is granted. The Court authorizes and orders the trust fund officer at Plaintiff's place of incarceration to deduct $7.66 from Plaintiff's account for payment to the Clerk of Court as an initial partial filing fee and to continue making monthly deductions in accordance with this Order. The Clerk is directed to send a copy of this order to the trust fund officer at Dixon Correctional Center. However, summonses shall not issue at this time. Plaintiff's motion for attorney representation 3 is granted. The Court requests that Kathleen Currie Chavez, Foote, Mielke, Chavez & ONeil LLC, 10 West State Street, Suite 200, Geneva, Illinois 60134, tel: (630) 232-4480, represent Plaintiff in accordance with counsel's trial bar obligations under the District Courts Local Rule 83.37 (N.D. Ill.). Counsel is granted 60 days to either (1) advise the Court that she will proceed on Plaintiff's pro se complaint, or (2) file an amended complaint that comports with counsel's obligations under Rule 11 of the Federal Rules of Civil Procedure. [See STATEMENT] Signed by the Honorable Frederick J. Kapala on 3/4/2015. Mailed notice (jp, )
April 13, 2017
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REPORT AND RECOMMENDATIONS; According to the Suggestion of Death filed 1/10/2017, the plaintiff died on 1/7/2017. Dkt. 99. The plaintiff's assigned counsel sent notice of the Suggestion of Death to all known members of the plaintiff's family, which included his sister and parents. Dkt. 106 at 2. To date, no successor or representative has filed a motion to substitute. Accordingly, it is this Court's Report and Recommendation that this case be dismissed under Federal Rule of Civil Procedure 25(a)(1). Assigned counsel is directed to mail a copy of this Report and Recommendation to the plaintiff's sister and parents. Any objection must be filed by 5/1/2017. Failure to object may constitute a waiver of objections on appeal. See Provident Bank v. Manor Steel Corp., 882 F.2d 258, 260 (7th Cir. 1989). The telephonic status hearing previously set for 4/27/2017 is stricken. Signed by the Honorable Iain D. Johnston on 4/13/2017: (yxp, )
May 8, 2017
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ORDER: Before the court is a report and recommendation (R&R) 107 from the magistrate judge that this case be dismissed pursuant to Federal Rule of Civil Procedure 25(a)(1). Plaintiff passed away on 1/7/2017 and a Suggestion of Death was filed on 1/10/2017. No successor or representative has filed a motion to substitute. Any objection to the R&R was to be filed by May 1, 2017, and no objection has been received. See 28 U.S.C. ยง 636(b)(1); Fed. R. Civ. P. 72(b); Thomas v. Arn, 474 U.S. 140, 149-50 (1985). Having reviewed the R&R and finding no error, the court adopts the R&R in full and dismisses this case. This case is closed. Signed by the Honorable Frederick J. Kapala on 5/8/2017:mailed notice(pg, )