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Frederick Lavell Barker v. Tom Kolodziej

United States District Court, Northern District of Illinois


July 5, 2011

FREDERICK LAVELL BARKER
v.
TOM KOLODZIEJ, ET AL.

Name of Assigned Judge Sitting Judge if Other or Magistrate Judge Ruben Castillo than Assigned Judge

(K77074)

CASE TITLE

DOCKET ENTRY TEXT:

The plaintiff's motion for leave to proceed in forma pauperis [3] is granted. The court authorizes and orders Cook County Jail officials to deduct $2.75 from the plaintiff's account, and to continue making monthly deductions in accordance with this order. The clerk shall send a copy of this order to the Supervisor of Inmate Trust Fund Accounts, Cook County Dept. of Corrections Administrative Office, Division V, 2700 S. California, Chicago, Illinois 60608. The clerk is directed to issue summons for service on defendant Kolodziej. The U.S. Marshals Service is appointed to effectuate service on defendant. Plaintiff's motion for appointment of counsel [4] is granted. Patrick Laurence Provenzale of Ekl, Williams & Provenzale LLC, 901 Warrenville Road #175, Lisle, IL 60532, is appointed to represent plaintiff.

O [For further details see text below.] Docketing to mail notices.

STATEMENT

The plaintiff has brought this pro se civil rights action pursuant to 42 U.S.C. § 1983 alleging that defendant Cook County Correctional Officers used excessive force while he was detained at the Jail.

The plaintiff's motion for leave to proceed in forma pauperis is granted. Pursuant to 28 U.S.C. § 1915(b)(1), the plaintiff is assessed an initial partial filing fee of $2.75. The supervisor of inmate trust accounts at the Cook County Jail is authorized and ordered to collect, when funds exist, the partial filing fee from the plaintiff's trust fund account and pay it directly to the Clerk of Court. After payment of the initial partial filing fee, the trust fund officer at the plaintiff's place of confinement is directed to collect monthly payments from the plaintiff's trust fund account in an amount equal to 20% of the preceding month's income credited to the account. Monthly payments collected from the plaintiff's trust fund account shall be forwarded to the Clerk of Court each time the amount in the account exceeds $10 until the full $350 filing fee is paid. All payments shall be sent to the Clerk, United States District Court, 219 S. Dearborn St., Chicago, Illinois 60604, attn: Cashier's Desk, 20th Floor, and shall clearly identify the plaintiff's name and the case number assigned to this action. The Cook County inmate trust account office shall notify transferee authorities of any outstanding balance in the event the plaintiff is transferred from the jail to another correctional facility.

Under 28 U.S.C. § 1915A, the court is required to conduct a prompt initial review of prisoner complaints against governmental entities or employees. The Court concludes that Plaintiff has set forth a claim for excessive force in a correctional setting and may proceed with his complaint. Filmore v. Page, 358 F.3d 496, 503-04 (7th Cir. 2004) (citing Hudson v. McMillian, 503 U.S. 1, 6 (1992); Whitley v. Albers, 475 U.S. 312, 320-21 (1986)).

The clerk shall issue summonses for service of the complaint on the defendants. The United States Marshals Service is appointed to serve the defendants. Any service forms necessary for the plaintiff to complete will be sent by the Marshal as appropriate to serve the defendants with process. The U.S. Marshal is directed to make all reasonable efforts to serve the defendants. With respect to any former jail employee who can no longer be found at the work address provided by the plaintiff, the Cook County Department of Corrections shall furnish the Marshal with the defendant's last-known address. The information shall be used only for purposes of effectuating service [or for proof of service, should a dispute arise] and any documentation of the address shall be retained only by the Marshal. Address information shall not be maintained in the court file, nor disclosed by the Marshal. The Marshal is authorized to mail a request for waiver of service to the defendants in the manner prescribed by Fed. R. Civ. P. 4(d) before attempting personal service.

Plaintiff's motion for appointment of counsel is granted. Patrick Laurence Provenzale of Ekl, Williams & Provenzale LLC, 901 Warrenville Road #175, Lisle, IL 60532, is appointed to represent plaintiff. is appointed to represent the plaintiff in accordance with counsel's trial bar obligations under the District Court's Local Rule 83.37 (N.D. Ill.).

20110705

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