Loupe v. Dart et al
| Laviel Loupe |
| John Doe and Thomas J. Dart |
| 1:2018cv07344 |
| November 5, 2018 |
| US District Court for the Northern District of Illinois |
| John J Tharp |
| Civil Rights (Prison Condition) |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 17, 2018. A more recent docket listing may be available from PACER.
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| Filing 7 ENTERED JUDGMENT Signed by the Honorable John J. Tharp, Jr on 12/17/2018.Mailed notice(air, ) |
Filing 6
ORDER Signed by the Honorable John J. Tharp, Jr on 12/17/2018: By order dated November 7, 2018, the Court dismissed Plaintiff's complaint because it failed to state a claim on which relief could be granted but allowed Plaintiff leave to amend his pleading if he believed he could state a valid federal claim #5 . At that time, the Court warned Plaintiff that failure to submit an amended complaint by December 7, 2018, would result in dismissal of this case for failure to state a claim. Plaintiff has not submitted an amended complaint to date. Accordingly, this case is dismissed with prejudice for failure to state a claim. See Dkt. #5 , November 7, 2018 Order (discussing deficiencies in Plaintiff's complaint). The dismissal of this case counts as a dismissal under 28 U.S.C. 1915(g). See Paul v. Marberry, 658 F.3d 702, 704-05 (7th Cir. 2011). If Plaintiff accumulates three dismissals under 1915(g), he will not be able to file an action in federal court (except as a petition for habeas corpus relief) without prepaying the filing fee unless he demonstrates that he is in imminent danger of serious physical injury. See 1915(g). If Plaintiff wants to appeal this dismissal, he may file a notice of appeal in this Court within thirty days of the entry of judgment. Fed. R. App. P. 4(a)(1)(A). If Plaintiff chooses to appeal, he will be responsible for paying the $505 appellate filing fee regardless of the outcome of the appeal. Evans v. Ill. Dep't of Corr., 150 F.3d 810, 812 (7th Cir. 1998). If the appeal is found to be non-meritorious, Plaintiff may accumulate another strike under 28 U.S.C. 1915(g). The Court directs the Clerk of Court to terminate all pending motions as moot and enter final judgment. Case closed. Mailed notice(air, )
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| MAILED copy of order dated 11/8/18, an amended civil rights complaint form, instructions and a blank USM-285 form to Plaintiff. (lf, ) |
| EMAILED order dated 11/8/18, #5 to Supervisor of the Inmate Trust Fund Accounts at Cook County Jail. (lf, ) |
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Filing 5
ORDER: Plaintiff's application 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 $16.33 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 of Court is directed to send a copy of this order to the trust fund officer at the Cook County Jail. However, summonses shall not issue. Plaintiff's complaint #1 is dismissed without prejudice. If Plaintiff wishes to pursue this litigation, by December 7, 2018, he must submit an amended complaint complying with the instructions contained in this order. Absent the timely filing of an amended complaint, the Court will summarily dismiss this case. The Clerk is directed to send Plaintiff an amended civil rights complaint form with instructions, a blank USM-285 service form, and a copy of this order. Plaintiff's motion for attorney representation #4 is denied without prejudice to renew should the matter go forward. Signed by the Honorable John J. Tharp, Jr on 11/7/2018. Mailed notice (lf, )
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| Filing 4 MOTION by Plaintiff Laviel Loupe for attorney representation (lf, ) |
| Filing 3 APPLICATION by Plaintiff Laviel Loupe for leave to proceed in forma pauperis (Exhibits). (lf, ) |
| Filing 2 PRISONER CIVIL Cover Sheet (lf, ) |
| Filing 1 RECEIVED Complaint and no copies by Laviel Loupe (Exhibits). (Envelope postmarked 10/30/18) (Attachments: #1 Envelope)(lf, ) |
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