Casiano v. Dart et al
Filing
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MEMORANDUM Order Signed by the Honorable Milton I. Shadur on 4/16/2013.(mjc, )
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
DENNIS CASIANO,
Plaintiff,
v.
TOM DART, et al.,
Defendants.
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No.
13 C 2722
MEMORANDUM ORDER
Dennis Casiano (“Casiano”), a pretrial detainee housed at
the Cook County Department of Corrections (“County Jail”), has
filed a self-prepared hand-printed 42 U.S.C. §1983 (“Section
1983") Complaint against Cook County Sheriff Tom Dart and two
unnamed officers at the County Jail.
Casiano’s allegations,
taken as true for present purposes, state a claim for deliberate
indifference to serious medical needs (a Section 1983 concept
that finds its origin in Estelle v. Gamble, 429 U.S. 97, 104
(1976)).
In addition, Casiano has tendered two other hand-
printed documents:
an In Forma Pauperis Application
(“Application”) and a Motion for Appointment of Counsel
(“Motion”).
What Casiano has not done, however, is to comply with the
requirements of 28 U.S.C. §1915 (“Section 1915”) that are
essential to this Court’s consideration of the Application and
the Motion referred to at the end of the preceding paragraph.
Nonetheless it seems clear from what Casiano has asserted that he
can satisfy the Section 1915 requirements for the grant of in
forma pauperis status in the sense that the $350 filing fee need
not be paid up front but is instead established as an obligation
to be satisfied with present and future installment payments.
Accordingly leave to proceed in forma pauperis is granted
conditionally, and this Court has obtained the name of this
member of the District Court’s trial bar to represent Casiano on
a pro bono publico basis:
Craig Allen Varga, Esq.
Varga, Berger, Ledsky, Hayes & Casey
125 South Wacker Drive
Suite 2150
Chicago IL 60606-4473
This Court is contemporaneously issuing its customary initial
scheduling order, but in the meantime:
1.
Appointed counsel is ordered to arrange for service
of process on Sheriff Dart, for which payment counsel will
be entitled to seek reimbursement from the funds maintained
by this District Court in connection with such pro bono
representation.
2.
One copy of this memorandum order is being
transmitted to the fiscal personnel at the County Jail, who
are directed to transmit promptly to this Court’s chambers a
printout of all transactions in Casiano’s trust fund account
there for the period from February 1, 2013 through the
current date.
That transmittal should be addressed in this
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fashion:
Honorable Milton I. Shadur
United States District Court
219 South Dearborn Street - Room 2388
Chicago IL 60604
This Court will then proceed to make the determination called for
by Section 1915.
________________________________________
Milton I. Shadur
Senior United States District Judge
Date:
April 16, 2013
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