Covington v. Heartland Community College
| John Covington |
| Heartland Community College |
| 1:2022cv01141 |
| April 25, 2022 |
| US District Court for the Central District of Illinois |
| Jonathan E Hawley |
| Michael M Mihm |
| Contract: Other |
| 28 U.S.C. ยง 1330 Breach of Contract |
| None |
Docket Report
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| Document Text |
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| Filing 7 JUDGMENT IN A CIVIL CASE. (FDS) |
| TEXT ORDER: DENYING Plaintiff's #2 Motion for Leave to Proceed in forma pauperis. Under 28 U.S.C. 1915(a), a Court may authorize a plaintiff to proceed in forma pauperis if he demonstrates an inability to pay the required costs and fees. Additionally, in reviewing a petition to proceed in forma pauperis, the Court must analyze the claims and dismiss the complaint if the action is frivolous or malicious, fails to state claim upon which relief may be granted, or seeks damages from a defendant who is immune from such relief. 28 U.S.C. 1915(e)(2)(B); Alston v. Debruyn, 13 F.3d 1036, 1039 (7th Cir. 1994). From the face of Plaintiff's Complaint and his recent correspondence with the Court, it is clear he is seeking damages against Defendant based on a breach of contract claim regarding the repayment of financial aid. Although the Court acknowledges the repayment in dispute is a federal grant, the Circuit Court for the Eleventh Judicial Circuit in McLean County, Illinois, is the appropriate venue for Plaintiff's breach of contract claim. See 28 U.S.C. 1331. Accordingly, Plaintiff's attempt to engage the district court in a determination regarding the terms and enforcement of that written contract is outside this Court's jurisdiction. Therefore, Plaintiff's claim is DISMISSED WITHOUT PREJUDICE and the Clerk of Court is ORDERED to close this case. Entered by Michael M. Mihm on May 11, 2022. (FDS) |
| Filing 6 RESPONSE to #3 Order filed by Plaintiff John Covington. (AEM) |
TEXT ORDER: The Court has reviewed the Plaintiff's submitted Documents #4 , #6 responsive to the Court's 4/26/2022 Order #3 regarding subject matter jurisdiction. First, the Court notes that the Plaintiff twice filed the same letter. Second, the Plaintiff's Complaint #1 and subsequent submission taken together make clear that he is seeking to invoke federal question jurisdiction, not diversity jurisdiction. The Court will proceed to consider, via separate order, the Plaintiff's Motion to Proceed In Forma Pauperis #2 . Entered by Magistrate Judge Jonathan E. Hawley on 5/3/2022. (KZ)
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| Filing 5 +++ SEALED DOCUMENT - ORIGINAL ATTACHMENT UNREDACTED (AEM) |
| Filing 4 RESPONSE to #3 Order filed by Plaintiff John Covington. (Attachments: #1 Attachment)(AEM) |
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Filing 3
ORDER re subject matter jurisdiction. Entered by Magistrate Judge Jonathan E. Hawley on 4/26/2022. (KZ)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Plaintiff John Covington. Responses due by 5/10/2022 (AEM) |
| Filing 1 COMPLAINT against Heartland Community College, filed by John Covington.(AEM) |
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| Plaintiff: John Covington | |
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| Defendant: Heartland Community College | |
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