Griffin v. Skahill et al
| Doris J Griffin |
| Briggs, Sue Skahill and Chip Winters |
| 1:2021cv01187 |
| July 1, 2021 |
| US District Court for the Central District of Illinois |
| Jonathan E Hawley |
| Michael M Mihm |
| Civil Rights: Jobs |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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Filing 7
ORDER AND OPINION entered by Judge Michael M. Mihm on 8/25/2021. For the reasons stated above, Plaintiff's #5 Motion for Leave to Proceed in forma pauperis is DENIED. Plaintiff's #6 Motion to Request Counsel is DENIED at this time. The Title VII claims contained in Plaintiff's #4 Amended Complaint against Sue Skahill are DISMISSED. Plaintiff has until September 8, 2021 to file an Amended Complaint, if she wishes to do so, and to pay the filing fee. If the filing fee is not received by September 8, 2021, this case will be dismissed. See full written Order.(VH)
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Filing 6
MOTION to Request Counsel by Plaintiff Doris J Griffin. Responses due by 8/27/2021 (VH)
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Filing 5
MOTION for Leave to Proceed in forma pauperis by Plaintiff Doris J Griffin. Responses due by 8/27/2021 (VH)
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Filing 4
AMENDED COMPLAINT against Sue Skahill, filed by Doris J Griffin.(VH)
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TEXT ORDER: On July 1, 2021, Plaintiff filed a #1 Complaint alleging employment discrimination and retaliation. Simultaneously, Plaintiff also filed a #2 Motion for Leave to Proceed in forma pauperis and a #3 Motion to Request Counsel. In reviewing a motion for leave to proceed in forma pauperis, the Court must make two determinations (1) whether Plaintiff is unable to pay the filing fee associated with the case and (2) whether the complaint is frivolous or malicious. 28 U.S.C. 1915(e)(2)(B); Alston v. Debruyn, 13 F.3d 1036, 1039 (7th Cir. 1994). First, the #2 Motion for Leave to Proceed in forma pauperis is not signed by the Plaintiff, and therefore does not fulfill the affidavit of poverty requirement of the in forma pauperis statute. 28 U.S.C.A. 1915(a). Plaintiff also failed to follow the instructions on the application and left portions of it blank, leaving the Court unable to accurately assess Plaintiff's financial status. Second, the Court is authorized to dismiss the case as frivolous when a Plaintiff cannot make a "rational argument in law or fact to support [her] claims for relief." Corgain v. Miller, 708 F.2d 1241, 1247 (7th Cir. 1983). The Court takes into consideration the fact that the Plaintiff is a pro se litigant when assessing whether the Complaint is "frivolous or malicious," but this has been complicated by Plaintiff's failure to complete the correct complaint form. Therefore, Plaintiff's #1 Complaint is DISMISSED WITHOUT PREJUDICE. The Clerk is directed to send the Plaintiff a blank EEOC Complaint Form. The Plaintiff has until 8/13/2021 to complete and file an Amended Complaint against the appropriate party or parties. Plaintiff's #2 Motion for Leave to proceed in forma pauperis is DENIED WITHOUT PREJUDICE. If Plaintiff seeks to renew her Motion for Leave to Proceed in forma pauperis, she is directed to fully complete and sign the Motion and to file it with the Court by 8/13/2021. Plaintiff's #3 Motion to Request Counsel is also DENIED at this time. Entered by Judge Michael M. Mihm on 7/13/2021. (VH)
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Filing 3
MOTION to Request Counsel by Plaintiff Doris J Griffin. Responses due by 7/15/2021 (VH)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Plaintiff Doris J Griffin. Responses due by 7/15/2021 (VH)
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Filing 1
COMPLAINT against All Defendants, filed by Doris J Griffin. (Attachments: #1 Exhibits)(VH)
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