Jones v. McCray et al
MEMORANDUM Order: For the reasons stated in this memorandum order, if plaintiff Jones fails to tender a new Motion in appropriate form on or before February 24, 2017, this Court would be constrained to dismiss this action for want of prosecution. Signed by the Honorable Milton I. Shadur on 2/10/2017:Mailed notice(clw, )
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
RODNEY RASHAD JONES, JR.,
SGT. MCCRAY, et al.,
Case No. 16 C 11543
This Court's three page memorandum order (the "Order"), addressing what Cook County
Department of Corrections ("County Jail") inmate Rodney Rashad Jones, Jr. ("Jones") has sought
to advance as a 42 U.S.C. § 1983 ("Section 1983") lawsuit, did two things:
It granted Jones' In Forma Pauperis Application in the special sense that
Congress has prescribed in 28 U.S.C. § 1915. 1
It deferred ruling on Jones' contemporaneously filed Motion for Attorney
Representation ("Motion") because of his noncompliance with the
requirements established by our Court of Appeals' caselaw in that area,
while it meanwhile transmitted to Jones fresh counterparts of the Clerk'sOffice-supplied forms of Motion to enable him to cure the defect and get
on with the case. 2
All further references to Title 28's provisions will simply take the form "Section --,"
omitting the prefatory "28 U.S.C. §."
This Court expresses no views on the substantive merit of Jones' claim. It simply
determines as a threshold matter that the claim is not "frivolous" in the legal sense so as to call
for an up-front dismissal following a Section 1915A preliminary screening.
But nothing has been forthcoming from Jones in more than a month since the issuance of
the Order, despite this Court's having referred in the last paragraph of the Order to one possible
effort that Jones might undertake to cure the problem identified in the Order. This Court cannot
of course act on one litigant's behalf in its handling of an action on the merits. If then Jones fails
to tender a new Motion in appropriate form on or before February 24, 2017, this Court would be
constrained to dismiss this action for want of prosecution.
Milton I. Shadur
Senior United States District Judge
Date: February 10, 2017
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?