Bowersock v. Matherly et al
| Trina Bowersock |
| Brittany Matherly, Sara Green, Aubrey Falligos and Stephanie Tanner |
| 1:2023cv01368 |
| September 28, 2023 |
| US District Court for the Central District of Illinois |
| Jonathan E Hawley |
| James E Shadid |
| Civil Rights: Other |
| 28 U.S.C. ยง 1983 Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 17, 2023. A more recent docket listing may be available from PACER.
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Filing 6
JUDGMENT entered. (VH)
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Filing 5
ORDER AND OPINION entered by Judge James E. Shadid on 10/17/2023. For this reason, the Complaint is dismissed without prejudice. Additionally, this order and opinion is without preclusive effect to the extent that Plaintiff wishes to pursue her cause of action in State court. The Clerk is directed to CLOSE the case. See full written Order. (VH)
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Filing 4
MOTION for Leave to Proceed in forma pauperis by Plaintiff Trina Bowersock. Responses due by 10/26/2023 (VH)
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Filing 3
REDACTED COMPLAINT against All Defendants, filed by Trina Bowersock.(VH)
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TEXT ONLY ORDER: Plaintiff has filed a Complaint #1 and petition to proceed in forma pauperis #2 , attesting to having no sources of income in the last 12 months, or any other savings whatsoever. Plaintiff does not identify any housing, transportation, or monthly expenses. The IFP request is reviewed under 28 U.S.C. Section 1915 which is designed to ensure indigent litigants meaningful access to the federal courts. See Neitzke v. Williams, 490 U.S. 319, 327 (1989). The court must deny an IFP request, however, if: (1) the allegation of poverty is untrue; (2) the action is frivolous; (3) the action fails to state a claim; or (4) the action seeks monetary relief against an immune defendant. 28 U.S.C. Section 1915(e)(2). Plaintiff's failure to identify any income, living expenses, and other information as required in her request for IFP causes the Court to question the accuracy and, perhaps, the veracity of Plaintiff's petition. Accordingly, #2 is DENIED with leave to re-file, providing more information, within 30 days. If Plaintiff refiles, the Court will review the sufficiency of the Complaint under 28 U.S.C. Section 1915(e)(2). In the alternative, Plaintiff must pay the $402.00 filing fee within 30 days. Entered by Judge James E. Shadid on 9/29/2023. (VH)
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TEXT ONLY ORDER: Plaintiff has filed a pro se Complaint #1 Complaint pursuant to 42 U.S.C. Section 1983 against several individual defendants employed by DCFS and CYFS. The Complaint contains the names of children believed to be minors. Plaintiff is reminded to follow Fed. R. Civ. P. 5.2(a) and Local Rule 5.11(a), which address privacy protections for personal identifiers. In particular, any minor children named in the Complaint should be referred to by only their initials. See Gibson v. American Cyanamid Co., 760 F.3d 600, 604 n.1 (7th Cir. 2014) (noting that a minor child should ordinarily be referred to by their initials in a federal court filing) (citing Fed. R. Civ. P. 5.2(a)(3)); M.F. on behalf of R.L. v. Magellan Healthcare Inc., MSS-20-3928, 2021 WL 1121042, at *1 n.2 (N.D. Ill. Mar. 24, 2021) (Courts must protect the privacy of minors, and 'the right way to provide anonymity is to use [their] initials.'" (quoting E.A. v. Gardner, 929 F.3d 922, 926 (7th Cir. 2019) in turn citing Fed. R. Civ. P. 5.2(a)(3)). Moreover, the Complaint was accompanied by pictures of a child, which are by no means suitable for public filing. Accordingly, the Clerk has been directed to file the Complaint under seal. And, the Clerk has been directed to file the pictures under seal [1-1] as an exhibit to the Complaint. Plaintiff is ordered to re-file the Complaint #1 with proper redactions suitable for public filing. The Clerk is directed to provide Plaintiff with a copy of the relevant portions of the federal and local rules. Entered by Judge James E. Shadid on 9/29/2023. (VH)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Plaintiff Trina Bowersock. Responses due by 10/12/2023 (VH)
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Filing 1
COMPLAINT against All Defendants, filed by Trina Bowersock. (Attachments: #1 Exhibit)(VH)
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