Jones v. Mooney

Filing 15

MEMORANDUM AND ORDER: IT IS THEREFORE ORDERED that this action is STAYED until further order of this Court. Defendant Mooney is NOT required to submit an answer to the Complaint at this time. The Clerk is DIRECTED to terminate the deadline now reflected on the Courts docket for the answer to be filed. Signed by Judge J. Phil Gilbert on 6/28/2017. (jaj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CORBIN D. JONES, # 01-30-1989-46,
Plaintiff,
vs.
NEILL MOONEY,
Defendant.

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Case No. 17-cv-337-JPG

MEMORANDUM AND ORDER
GILBERT, District Judge:
This matter is before the Court for case management. On May 24, 2017, this Court
reviewed Plaintiff’s civil rights Complaint pursuant to 28 U.S.C. § 1915A, and determined that
Counts 1 and 2 stated potentially viable claims. (Doc. 12). However, under the doctrine of
Younger v. Harris, 401 U.S. 37 (1971), the Court found that this case must be stayed until the
conclusion of Plaintiff’s criminal prosecution in state court, in People v. Jones, Jefferson County
Case No. 17-CF-69, and in any other criminal case brought as a result of Plaintiff’s arrest on
February 14, 2017. See Gakuba v. O’Brien, 711 F.3d 751, 753 (7th Cir. 2013).

The stay may

be maintained until the conclusion of the criminal appeal process, if Plaintiff is convicted.
Defendant Mooney has now been served with the Complaint and the Court’s May 24,
2017, order. (Doc. 14).
IT IS THEREFORE ORDERED that this action is STAYED until further order of this
Court. Defendant Mooney is NOT required to submit an answer to the Complaint at this time.
The Clerk is DIRECTED to terminate the deadline now reflected on the Court’s docket for the
answer to be filed. When the stay is lifted, the Court shall enter a scheduling order to advise

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Mooney of the deadline by which he shall answer or otherwise respond to the Complaint.
IT IS FURTHER ORDERED that Plaintiff SHALL NOTIFY the Court and the
Defendant when final judgment has been entered in his criminal case(s) arising from his
February 14, 2017, arrest, within 14 days of the date the criminal judgment is entered. If
Plaintiff files an appeal of the criminal judgment, he shall also notify the Court of that fact. The
Court will then assess whether to lift the stay and whether further proceedings are appropriate.
Plaintiff is REMINDED that he is under a continuing obligation to keep the Clerk of
Court and each opposing party informed of any change in his address; the Court will not
independently investigate his whereabouts. This shall be done in writing and not later than 7
days after a transfer or other change in address occurs. Failure to comply with this order will
cause a delay in the transmission of court documents and may result in dismissal of this action
for want of prosecution. See FED. R. CIV. P. 41(b).
IT IS SO ORDERED.
DATED: June 28, 2017

s/J. Phil Gilbert
United States District Judge

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