Jones v. Mooney

Filing 20

ORDER REFERRING CASE to Magistrate Judge Stephen C. Williams. Signed by Judge J. Phil Gilbert on 9/6/2017. (tjk)

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 September 5, 2017, the Court
lifted the stay that had been imposed on this case pursuant to Younger v. Harris, 401 U.S. 37
(1971), because Plaintiff’s state criminal charge was dismissed. (Doc. 19). In the same order,
Defendant Mooney was directed to answer or otherwise respond to the Complaint within 60
days.
Previously, the Court concluded that Counts 1 and 2 in this pro se action survived
screening under 28 U.S.C. § 1915A.1 (Doc. 12). Those claims are:
Count 1: Mooney violated Plaintiff’s Fourth Amendment rights by forcing his
way into Plaintiff’s room to conduct a search without a warrant or permission;
Count 2: Mooney violated Plaintiff’s Fifth and Sixth Amendment rights by
failing to inform him of his Miranda rights before or after his arrest or while he
was in Mooney’s custody.
Now that the stay has been lifted and the Defendant has been ordered to answer or
otherwise plead, this matter is ripe for referral to the United States Magistrate Judge so that

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Counts 3 and 4, as well as several miscellaneous claims, were dismissed without prejudice for failure to
state a claim upon which relief may be granted. (Doc. 12, pp. 7-8).

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Plaintiff may proceed with his claims.
Disposition
Pursuant to Local Rule 72.1(a)(2), this action is REFERRED to a United States
Magistrate Judge for further pre-trial proceedings.
Further, this entire matter shall be REFERRED to the United States Magistrate Judge for
disposition, pursuant to Local Rule 72.2(b)(2) and 28 U.S.C. § 636(c), if all parties consent to
such a referral.
IT IS SO ORDERED.
DATED: September 6, 2017

s/J. Phil Gilbert
United States District Judge

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