Banks v. People Of The State Of Illinois et al
Larry Banks |
John Campbell, Daniel Varolla, People Of The State Of Illinois, Anita Alvarez, Christa Bowden and Joy Repella |
1:2012cv09874 |
December 11, 2012 |
US District Court for the Northern District of Illinois |
Chicago Office |
Perry |
Robert M. Dow |
Prisoner: Civil Rights |
42 U.S.C. ยง 1983 Prisoner Civil Rights |
Plaintiff |
Available Case Documents
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Filing 49 ENTER ORDER: Defendants motion to dismiss the second amended complaint for failure to state a claim[#36] is granted. The second amended complaint is dismissed pursuant to Fed. R. Civ. P. 12(b)(6).Plaintiff's motion to deny the motion to dismi ss [#39] is denied. Plaintiff's motions for judgment on the pleadings [#40] and for reconsideration of case title [#41] are denied as moot. Plaintiff's motion for leave to amend [#48] is denied as futile. Because the Court finds that amendm ent would be futile, the case is terminated. The Court declines to assess a "strike" under 28 U.S.C. § 1915(g), as Plaintiff's false arrest claim is time-barred as a practical matter rather than actually time-barred. Signed by the Honorable Robert M. Dow, Jr on 10/21/2013. Mailed notice(tbk, ) |
Filing 12 WRITTEN Opinion entered by the Honorable Robert M. Dow, Jr on 3/18/2013: Plaintiff may proceed on his second amended complaint. The Clerk is directed to: (1) file the second amended complaint; terminate Anita Alvarez, Christa Bowden, and Joy Repel la as Defendants pursuant to the second amended complaint and Fed. R. Civ. P. 15; (3) terminate "People of the State of Illinois" pursuant to 28 U.S.C. § 1915A; (4) issue summonses for service of the second amended complaint on Defe ndants Varolla and Campbell; and (5) mail Plaintiff a magistrate judge consent form and filing instructions along with a copy of this order. Plaintiff's motion for a subpoena # 10 and motion for an order compelling discovery # 11 are denied. [For further details see written opinion.] mailed notice (tg, ) |
Filing 9 WRITTEN Opinion entered by the Honorable Robert M. Dow, Jr on 2/5/2013: The amended complaint is dismissed, without prejudice. Plaintiff is granted thirty-five days to submit a second amended complaint (plus a judge's copy and service copies) limited to a single, core claim. The Clerk is directed to provide Plaintiff with an amended civil rights complaint form and instructions along with a copy of this order. Failure to submit a second amended complaint within thirty-five days, as directed, will result in summary dismissal of this case. [For further details see written opinion.] Mailed notice (tg, ) |
Filing 4 WRITTEN Opinion entered by the Honorable Robert M. Dow, Jr on 12/20/2012: Plaintiff's motion for leave to proceed in forma pauperis 3 is granted. The Court orders the trust fund officer at Plaintiff's place of incarceration to deduct 036;18.50 from Plaintiff's account for payment to the Clerk of Court as an initial partial filing fee, and to continue making monthly deductions in accordance with this order. The Clerk is directed to send a copy of this order to the trust fund officer at the Pinckneyville Correctional Center. However, summonses shall not issue at this time. The Court dismisses the complaint on file without prejudice. Plaintiff is granted thirty days from the date of this order to submit an amended complain t (plus a judge's copy and service copies) limited to a single, core claim. Failure to submit an amended complaint within thirty days will result in summary dismissal of this case. The Clerk is directed to provide Plaintiff with an amended civil rights complaint form and instructions for filing along with a copy of this order. [For further details see written opinion.] Mailed notice.(mr, ) |
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