Partee v. T-H Professional & Medical Collections, Ltd.
| Jacob William Partee |
| T-H Professional & Medical Collections, Ltd. |
| 1:2020cv01117 |
| March 23, 2020 |
| US District Court for the Central District of Illinois |
| Jonathan E Hawley |
| Michael M Mihm |
| Consumer Credit |
| 15 U.S.C. ยง 1692 |
| None |
Docket Report
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This docket was last retrieved on March 30, 2020. A more recent docket listing may be available from PACER.
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| Filing 3 MOTION for Voluntary Dismissal by Plaintiff Jacob William Partee. Responses due by 4/13/2020 (VH, ilcd) |
TEXT ORDER: GRANTING Plaintiff's #3 Motion for Voluntary Dismissal. On March 30, 2020, Plaintiff filed his Notice for Voluntary Dismissal stating that after speaking with a local attorney from Prairie State Legal Services, he has been provided with alternative means for resolution of his cause. Under Federal Rule of Civil Procedure 41(a)(1)(A), the plaintiff may dismiss an action without a court order by filing a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment. Since Plaintiff filed his Notice as a Motion, the Court has intervened on his behalf. Accordingly, Plaintiff's case is DISMISSED WITHOUT PREJUDICE and the Clerk of Court is directed to close this case. Entered by Judge Michael M. Mihm. (JA, ilcd).
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TEXT ORDER: On March 23, 2020, Plaintiff filed his #1 Complaint and #2 Motion for Leave to Proceed in forma pauperis alleging that he received a statement from Defendant which indicates he owes $2,546.03 for what appears to be an overdue balance from a local medical provider. (ECF No. 1.) While claiming another party is responsible for the bill, Plaintiff indicates he is willing to settle with Defendant for a reduced amount. Plaintiff's complaint is titled "Petition for Settlement." Under the guidelines of the in forma pauperis statute, 28 U.S.C. 1915(e)(2)(B), the Court is required to screen and dismiss any portion of the complaint which fails to state a claim upon which relief may be granted. Under federal notice pleading standards, a complaint must provide a "short and plain statement of the claim showing that the pleader is entitled to relief" that is also sufficient to provide the defendant with "fair notice" of the claim and its basis. Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007); Fed. R. Civ. P. 8(a). "[The complaint] must actually suggest that the plaintiff has a right to relief, by providing allegations that raise [that] right... above the speculative level." Tamayo v. Blagojevich, 526 F.3d 1074, 1084 (7th Cir. 2008). Plaintiff fails to provide sufficient information within his complaint that demonstrates that he is entitled to relief from Defendant and that his claim belongs in federal court. Plaintiff is GRANTED LEAVE up to and including 21 days from entry of this Order to file an amended complaint. Failure to adhere to this Order will result in dismissal of his claim without prejudice. Entered by Judge Michael M. Mihm. (JA, ilcd).
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Plaintiff Jacob William Partee. Responses due by 4/6/2020 (VH, ilcd) |
| Filing 1 COMPLAINT (filed as Petition for Settlement)against T-H Professional & Medical Collections, Ltd., filed by Jacob William Partee.(VH, ilcd) |
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| Plaintiff: Jacob William Partee | |
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| Defendant: T-H Professional & Medical Collections, Ltd. | |
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