Patrick v. Chicago Police Department et al
| Anthony Leroy Patrick |
| Chicago Police Department, David Salazar, David Montes and City Of Chicago |
| 1:2014cv05414 |
| July 15, 2014 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Cook |
| Virginia M. Kendall |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
246
MEMORANDUM Opinion and Order signed by the Honorable Virginia M. Kendall on 2/14/2022. Defendants' Motion to Dismiss 213 is granted. The Court notes that Patrick has accumulated more than three "strikes" within the meaning of 28 U.S. C. § 1915(g). (Although Patrick did not have three strikes at the time of the filing of this suit, he accrued five strikes a few weeks later.) Therefore, if Patrick seeks to file or appeal any future civil action while he is a prisoner, he will no longer be eligible to pay a filing fee in installments using the in forma pauperis provisions of § 1915(a) and (b), unless he can establish that he is "under imminent danger of serious physical injury." 28 U.S.C. § 1915(g). If Patrick cannot make the necessary showing of imminent physical danger, he shall be required to pre-pay the full filing fee for any future lawsuit he may file while incarcerated, or face dismissal of the suit. Patrick must also alert a federal court t hat he has been assessed three strikes under § 1915(g) when filing a new suit in that Court. See Ammons v. Gerlinger, 547 F.3d 724, 725 (7th Cir. 2008) (citing Sloan v. Lesza, 181 F.3d 857, 858-59 (7th Cir. 1999)). Failure to inform any new Cour t of three prior strikes would result in an automatic dismissal of the new case while still requiring payment of the filing fee, and barring any future litigation (other than criminal cases and petitions challenging the terms of confinement) until the filing fee is paid in full. Sloan, 181 F.3d at 859. See Opinion for further details. Status hearing set for 2/15/2022 is stricken. Mailed notice(lk, )
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Filing
184
MEMORANDUM Opinion and Order signed by the Honorable Virginia M. Kendall on 3/5/2021. For the foregoing reasons, Defendants' motion to dismiss Patrick's Second Amended Complaint 143 and 146 are granted. Counts IIIXI are dismissed withou t prejudice. Count I is collaterally estopped and dismissed with prejudice. Count II is dismissed with prejudice as untimely. As each of the counts are dismissed, the Court declines to reach arguments as to individual defendants at this time. Plaintiff Patrick is given 21 days from the date of this order to file a Third Amended Complaint that comports with this Opinion if he is able to do so. See Order for further details. Mailed notice(lk, )
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