Nichols v. Clark
| D'Andre T Nichols |
| Michelle Clark |
| 1:2019cv01307 |
| September 16, 2019 |
| US District Court for the Central District of Illinois |
| Jonathan E Hawley |
| James E Shadid |
| Constitutional - State Statute |
| 28 U.S.C. ยง 1441 |
| None |
Docket Report
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| Filing 2 JUDGMENT entered. (VH, ilcd) |
TEXT ONLY ORDER: This action is dismissed for failure to prosecute. See Fed. R. Civ. P. 41(b). The Clerk is directed to close the case. Entered by Judge James E. Shadid on 10/15/2019. (SJP, ilcd)
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| Set/Reset Deadlines: Amended Pleadings/Filing Fee due by 10/2/2019. (FDS, ilcd) |
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TEXT ONLY ORDER: Plaintiff, DAndre T Nichols, has filed a document with this court titled "Writ for Certiorari." Doc. 1. Therein, he asserts that he has removed an action from state court to this District Court. However, he has not indicated the state court case number or supplied this Court with the state court record. See 28 U.S.C. 1446. Moreover, the removal statute allows for removal of certain actions by defendants, not plaintiffs. 28 U.S.C. 1441(a). Thus, is appears that Mr. Nichols is attempting to file an original complaint with this Court, rather than removing a state court action in which he is a defendant to this Court. In order to commence an action in this Court, Mr. Nichols must either pay the filing fee or file an application to proceed in forma pauperis. Because the Court cannot identify any facts or claims from Mr. Nichols' current filing, an application to proceed in forma pauperis unaccompanied by an amended complaint would be denied. See 28 U.S.C. 1915(e)(2)(B).Accordingly, Mr. Nichols is directed to either submit the filing fee or file an amended complaint, together with an application to proceed in forma pauperis, within 14 days of this Order. Mr. Nichols is warned that if he intends to present frivolous "sovereign citizen" claims, the action will be summarily dismissed and the Court may entertain other monetary and nonmonetary sanctions, if warranted. Entered by Judge James E. Shadid on 9/18/2019. (SJP, ilcd)
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| Filing 1 NOTICE OF REMOVAL from Peoria, Illinois "States Court", filed by D'Andre T Nichols.(JRK, ilcd) |
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| Defendant: Michelle Clark | |
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| Plaintiff: D'Andre T Nichols | |
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