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- ilcd;;1:17-cv-01495_de50 RegisterActionDate "2018-10-29" @default.
- ilcd;;1:17-cv-01495_de50 RegisterActionDescriptionText "TEXT ONLY ORDER construing 40 Response Motion to Probable Cause to Search and Seize, Arrest as a second response. In a letter post-marked 10/19/2018, Plaintiff has submitted what the Court takes to be a second affidavit and response to 37 Motion for Summary Judgment by Defendants Jared Bierbaum, Tyrel Klein. The Complaint claimed that Plaintiff's Fourth Amendment rights were violated in two ways: (1) he was unlawfully searched, seized, and arrested without probable cause and (2) he was subjected to excessive force when Defendant Klein struck Plaintiff in the mouth. Defendants moved for summary judgment on both claims. (Doc. 37). Plaintiff appears to have responded separately to that motion with a timely affidavit on the excessive force claim (Doc. 39) and this document as a affidavit on the lack of probable cause claim. As an initial matter, responses should be filed in one document rather than two. Additionally, this document was late. Plaintiff had until 10/18/2018 to respond. His letter is, therefore, post-marked one day late. Plaintiff claims this is due to being transferred to another facility. This excuse is not entirely believable, given that Plaintiff's other affidavit was mailed timely. Nevertheless, in light of Plaintiff's pro se status the Court will allow this filing. It is construed, along with 39 as Plaintiff's Response to Defendant's Motion. Because the Court had already construed Plaintiff's first affidavit as a response in its Text Order Dated 10/17/2018, Defendants' reply was due on 10/31/2018. In the interests of fairness, the Court will restart the clock for Defendants, who may file a reply, in one document, to both of Plaintiff's affidavit/responses within 14 days of the date of this order. SO ORDERED. Entered by Judge Joe Billy McDade on 10/29/2018. (JR, ilcd) (Entered: 10/29/2018)" @default.
- ilcd;;1:17-cv-01495_de50 AdministrativeID "None" @default.
- ilcd;;1:17-cv-01495_de50 hasReferenceToOtherEntry ilcd;;1:17-cv-01495_de45 @default.
- ilcd;;1:17-cv-01495_de50 hasReferenceToOtherEntry ilcd;;1:17-cv-01495_de47 @default.
- ilcd;;1:17-cv-01495_de50 hasReferenceToOtherEntry ilcd;;1:17-cv-01495_de49 @default.