Marcus Ramos v. Illinois Department of Children and Family Service, et al
| MARCUS RAMOS, For Child L.R. 1; For Child L.R. 2 |
| ILLINOIS DEPARTMENT OF CHILDREN AND FAMILY SERVICES, CHRISTINA NICKERSON, individually, UNKNOWN DCFS CASEWORKERS AND SUPERVISORS, COOK COUNTY SHERIFF'S OFFICE, UNKNOWN COOK COUNTY SHERIFF'S DEPUTIES/OFFICERS and UNKNOWN GOVERNMENTAL ACTORS |
| 26-3012 |
| October 1, 2026 |
| U.S. Court of Appeals, Seventh Circuit |
| Other Civil Rights |
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Filing 3
ORDER: A preliminary review of the short record suggests that the order appealed from may not yet be a final appealable decision within the meaning of 28 U.S.C. 1291. Generally, an appeal may not be taken in a civil case until a final judgment disposing of all claims against all parties is entered on the district courts civil docket pursuant to Rule 58 of the Federal Rules of Civil Procedure. See Alonzi v. Budget Construction Co., 55 F.3d 331, 333 (7th Cir. 1995); Cleaver v. Elias, 852 F.2d 266, 267 (7th Cir. 1988). In this case, the district court has not entered a final judgment under Rule 58. In its September 30, 2026 orderwhich appellant seeks to appealthe district court dismissed appellants complaint but gave him leave to amend his complaint and warned that failure to file an amended complaint by October 9, 2026, will lead to the court entering judgment dismissing the case. The dismissal of a complaint with leave to amend is not typically a final judgment, e.g., Furnace v. Bd. of Trustees of S. Illinois Univ., 218 F.3d 666, 669 (7th Cir. 2000), though once the deadline to amend has passed without action, the order may become final. See Shott v. Katz, 829 F.3d 494, 496 (7th Cir. 2016). Accordingly, proceedings in this appeal are SUSPENDED pending the October 9, 2026, deadline for appellant to file an amended complaint in the district court. Appellant shall file in this court, on or before October 16, 2026, a brief memorandum addressing whether he has sought to amend his complaint in the district court and if he has, why this appeal should not be dismissed for lack of jurisdiction. A motion for voluntary dismissal under Rule 42(b) of the Federal Rules of Appellate Procedure will satisfy this requirement. [7560200] JXK [3] [7560200] [26-3012] (AD) [Entered: 10/02/2026 03:15 PM]
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| Filing 2 This is notification that no appellee(s) or counsel for the appellee(s) were served in the District Court. [2] [7560076] (Note: The Office of the IL Attorney General and Cook County State's Attorney have been notified of the filing of the appeal.) [26-3012] (SCB) [Entered: 10/02/2026 10:51 AM] |
| Filing 1 Private civil case docketed. IFP. Docketing Statement due for Appellant Marcus Ramos by 10/08/2026. Transcript information sheet due by 10/15/2026. Appellant's brief due on or before 11/10/2026 for Marcus Ramos. [1] [7560072] [26-3012] (SCB) [Entered: 10/02/2026 10:43 AM] |
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