Gragg v. Humane Society of Central Illinois
| Tracey M Gragg and Micheal W Gragg |
| Humane Society of Central Illinois |
| 3:2019cv03166 |
| July 3, 2019 |
| US District Court for the Central District of Illinois |
| Sue E Myerscough |
| Tom Schanzle-Haskins |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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This docket was last retrieved on August 6, 2019. A more recent docket listing may be available from PACER.
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| Filing 8 OPINION: Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs is GRANTED. Plaintiff's Amended Complaint is DISMISSED without prejudice for failure to state a claim and lack of jurisdiction. Plaintiff is granted leave to file a Second Amended Complaint on or before August 26, 2019. Plaintiff is advised that an amended complaint supersedes the original complaint. The amended complaint must stand on its own without reference to any previous pleading. If Plaintiff chooses not to amend his complaint and to file the state law claims in state court, the Court will close this case. Plaintiff's Motion for Subpoena (d/e #4 ) is DENIED AS MOOT. (SEE WRITTEN OPINION.) Entered by Judge Sue E. Myerscough on 8/6/2019. (GL, ilcd) |
TEXT ORDER: On August 1, 2019, the Court granted Plaintiff leave to file an amended complaint, which was filed that same day. Plaintiff also separately filed an exhibit to the amended complaint. See (d/e #6 ). On August 2, 2019, Plaintiff filed another exhibit to the amended complaint. A complaint must stand on its own. Plaintiff cannot continue to add exhibits to the amended complaint. The Court will consider the exhibits filed at docket entries #6 and #7 as part of the amended complaint. However, if Plaintiff intends to add any additional exhibits, he shall seek leave to file an amended complaint that includes all of his exhibits. The Court will strike any further supplemental exhibits. Entered by Judge Sue E. Myerscough on 8/5/2019. (GL, ilcd)
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| Filing 7 Exhibit 2 re #5 Amended Complaint by Tracey M Gragg. (GL, ilcd) |
| Filing 6 Exhibit re #5 Amended Complaint by Tracey M Gragg. (GL, ilcd) |
| Filing 5 AMENDED COMPLAINT against Humane Society of Central Illinois, filed by Micheal Gragg.(GL, ilcd) |
| TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins: On July 22, 2019, the Court ordered Tracy M. Gragg and Micheal Gragg to file a document indicating whether Micheal Gragg can be substituted as the plaintiff in this action without a representative. On July 31, 2019, Micheal Gragg filed a Motion for Leave to File Amended Complaint #3 . Federal Rule of Civil Procedure 15(a) provides that a party may amend its pleading once as a matter of course within 21 days after serving it. The original complaint in this case has not been served, as Plaintiff has sought leave to proceed in forma pauperis and that request has not yet been granted. Therefore, the Motion #3 is GRANTED. The Clerk is DIRECTED to file the Amended Complaint, which is attached to the Motion at docket entry [3-1]. Entered on 8/1/2019. (GL, ilcd) |
| Filing 4 MOTION for Issuance of Subpoena by Micheal Gragg. Responses due by 8/14/2019. (Attachments: #1 Proposed Subpoena)(GL, ilcd) |
| Filing 3 MOTION for Leave to File Amended Complaint by Micheal Gragg. Responses due by 8/14/2019. (Attachments: #1 Proposed Amended Complaint)(GL, ilcd) |
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TEXT ORDER: Every action must be prosecuted in the name of the real party in interest. Fed. R. Civ. P. 17(a). A representative may sue on behalf of a minor or incompetent person, and if the minor incompetent person does not have a duly appointed representative, he or she may sue by a next friend or by a guardian ad litem. Fed. R. Civ. P. 17(c)(2). The complaint filed in this case does not indicate whether Micheal Gragg is a minor or incompetent. The Application to Proceed in District Court Without Prepaying Fees or Costs #2 reflects that Tracey M. Gragg filed the document on Micheal's behalf because Micheal Gragg is the hospital. However, five days later, Micheal Gragg filed Case No. 19-3167, suggesting that Micheal Gragg is neither a minor nor incompetent and could bring this case in his own capacity and without a representative. Therefore, the Court DIRECTS Tracey M. Gragg and Micheal Gragg to file a document indicating whether Micheal Gragg can substituted as the plaintiff in this action without a representative. The document shall be filed on or before August 5, 2019. Entered by Judge Sue E. Myerscough on 7/22/2019. (GL, ilcd)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Plaintiff Tracey M Gragg. Responses due by 7/17/2019. (GL, ilcd) |
| Filing 1 COMPLAINT against Humane Society of Central Illinois, filed by Tracey M Gragg.(GL, ilcd) |
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