Cohee v. Cohee
| Jason E Cohee |
| Mary F Cohee |
| 1:2020cv01140 |
| April 6, 2020 |
| US District Court for the Central District of Illinois |
| Jonathan E Hawley |
| James E Shadid |
| Civil Rights: Other |
| 42 U.S.C. ยง 405 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 27, 2020. A more recent docket listing may be available from PACER.
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| Filing 9 JUDGMENT IN A CIVIL CASE. (FDS, ilcd) |
TEXT ONLY ORDER dismissing the case with prejudice. On 4/23/2020, the Court dismissed Plaintiff's #1 Complaint without prejudice for failure to provide a clear and concise statement of the facts that properly state a claim on which relief may be granted. Plaintiff's #2 Motion for Leave to Proceed in forma pauperis and #5 Motion to Request Counsel were also denied without prejudice. On 5/01/20, Plaintiff filed a #6 First Amended Complaint, a #7 Motion for Leave to Proceed in forma pauperis, and a #8 Motion to Request Counsel. The Court finds Plaintiff lacks sufficient resources to prepay the filing fee in this case, and therefore GRANTS Plaintiff's #7 Motion for Leave to Proceed in forma pauperis. The Court must still screen the case and it must dismiss the case if, in relevant part, it fails to state a claim on which relief may be granted. 28 U.S.C. 1915(e)(2)(B).Plaintiff's amended complaint contains the same deficiencies as the original complaint: it does not describe how the provisions of the Fair Housing Act of 1968 ("FHA") entitle Plaintiff to relief. The fact that Plaintiff may have a disability and that he considers his mother a landlord does not automatically qualify him for relief under the FHA. (Plaintiff brings a claim under 42 U.S.C. 3604; however, a single-family home that is occupied by the owner is exempt from the restrictions of 3604. Lunini v. Grayeb,305 F. Supp. 2d 893, 914 (C.D. Ill. 2004); 42 U.S.C. 3603(b).) Consequently, this case is dismissed with prejudice pursuant to Fed. R. Civ. P. 41(b). The #8 Motion to Request Counsel is DENIED. The Clerk is directed to terminate this case. Entered by Judge James E. Shadid on 05/26/2020. (LR, ilcd)
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| Filing 8 MOTION to Request Counsel by Plaintiff Jason E Cohee. Responses due by 5/15/2020 (FDS, ilcd) |
| Filing 7 MOTION for Leave to Proceed in forma pauperis by Plaintiff Jason E Cohee. Responses due by 5/15/2020 (FDS, ilcd) |
| Filing 6 FIRST AMENDED COMPLAINT against Mary F Cohee filed by Jason E Cohee.(FDS, ilcd) |
| Set/Reset Deadlines: Amended Pleadings due by 5/14/2020. (TK, ilcd) |
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TEXT ONLY ORDER Entered by Judge James E. Shadid on 4/23/20: Plaintiff filed a pro se [1 ] Complaint, citing the Fair Housing Act of 1968 ("FHA") as the basis for the Court's jurisdiction, and a #2 Motion for Leave to Proceed in forma pauperis. The Complaint is against the Plaintiff's mother for not allowing him to live "in her home" and for infliction of mental distress. He seeks damages for past, present, and future psychological harm. The #1 Complaint is DISMISSED without prejudice pursuant to Federal Rule of Civil Procedure 8(a) as it does not contain a short and plain statement of the claim showing that the pleader is entitled to relief. The #2 Motion for Leave to Proceed in forma pauperis is DENIED because of the dismissal of the Complaint. The fact that Plaintiff may have a disability does not automatically qualify him for relief under the FHA. Plaintiff has filed two other cases in this District, 1:20-cv-1090 & 1:20-cv-1115, and in both cases, Plaintiff was cautioned that frivolous filings may result in sanctions under Fed. R. Civ. P. 11. If Plaintiff believes he can properly plead a claim under the FHA, including a statement of how the provisions of the FHA entitle Plaintiff to relief, then he is granted leave to file an amended complaint by 5/14/2020. Plaintiff's #5 Motion to Request Counsel is DENIED at this time. The Clerk is directed to forward a blank Motion to Request Counsel form to Plaintiff. Plaintiff may renew his motion to request counsel after resubmitting the application to proceed in forma pauperis with his amended complaint and resubmitting his motion for appointment of counsel with the second paragraph completed and documentation attached. (TK, ilcd)
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| Filing 5 MOTION to Request Counsel (filed as Motion to Appoint Plaintiff Counsel and Issue Temporary Restraining Order) by Plaintiff Jason E Cohee. Responses due by 4/21/2020 (FDS, ilcd) |
| Filing 4 NOTICE of Change of Address by Jason E Cohee. New address is P.O. Box 2 Mapleton, IL 61547. (FDS, ilcd) |
| Filing 3 REQUEST FOR WAIVER OF SERVICE and Notice of Lawsuit sent to Mary F. Cohee on 4/4/20. (FDS, ilcd) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Plaintiff Jason E Cohee. Responses due by 4/20/2020 (FDS, ilcd) |
| Filing 1 COMPLAINT against Mary F Cohee filed by Jason E Cohee.(FDS, ilcd) |
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| Defendant: Mary F Cohee | |
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| Plaintiff: Jason E Cohee | |
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