Harris v. MB Financial Bank et al
| Kinta Harris |
| Digby's Security Angency, MB Financial Bank and Unknown Security Guard |
| 1:2018cv07541 |
| November 14, 2018 |
| US District Court for the Northern District of Illinois |
| Sara L Ellis |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 15 LETTER from Kint'a Harris. (Envelope postmark date 3/23/20). (gcy, ) |
| Filing 13 ENTERED JUDGMENT. Mailed notice (aee, ) |
Filing 12
ORDER: By Order dated March 22, 2019, the Court dismissed Plaintiff's complaint for failure to state a claim, granted leave to amend, and warned Plaintiff that failure to submit an amended complaint by April 30, 2019, would result in dismissal of this case. Doc. 7. On May 21, 2019, the Court granted Plaintiff's motion for an extension of time to submit an amended complaint. Doc. 11. The Court gave Plaintiff until July 5, 2019 to submit an amended complaint and warned that failure to do so would result in dismissal of this case. Id. As of today's date, Plaintiff has neither complied nor otherwise communicated with the Court concerning this matter. Given the absence of an amended complaint and the dismissal of the original complaint for failure to state a claim, the Court dismisses this action for failure to state a claim. The Court dismisses any federal claims Plaintiff may have arising from the events that are the subject of this case with prejudice and to the extent that Plaintiff has asserted any state law claims, the Court dismisses those without prejudice. The dismissal of this case counts as a dismissal under 28 U.S.C. 1915(g). See Paul v. Marberry, 658 F.3d 702, 70405 (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) as a prisoner without prepaying the filing fee unless he demonstrates that he is in imminent danger of serious physical injury. See 28 U.S.C. 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 irrespective of the outcome of the appeal. Evans v. Ill. Dept of Corr., 150 F.3d 810, 812 (7th Cir. 1998). Should a court find his appeal to be non- meritorious, Plaintiff may accumulate another strike under 28 U.S.C. 1915(g). The Court terminates all pending motions as moot and enters final judgment. This case is closed. Signed by the Honorable Sara L. Ellis on 8/9/2019. Mailed notice (aee, )
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Filing 11
ORDER: On March 22, 2019, the Court dismissed Plaintiff's complaint without prejudice because it failed to state a claim and gave him until April 30, 2019 to file an amended complaint. Doc. 7. On March 29, 2019, Plaintiff filed a notice of change of address advising of his current address at Pekin-FCI in Pekin, IL. Doc. 8. On April 22, 2019, Plaintiff's mail (the Court's March 22, 2019 Order) was returned as undeliverable and re-sent to him at Pekin-FCI. Doc. 9. On May 10, 2019, Plaintiff filed a letter with the Court in which he indicates that he received the Court's March 22, 2019 Order on April 30, 2019. Doc. 10. In this letter, Plaintiff also asks for additional time to submit an amended complaint. Id. Based on Plaintiff's representations in his letter (and the fact that his mail was returned and re-sent to him on April 22, 2019), the Court grants Plaintiff's request for an extension of time to submit an amended complaint. Plaintiff is given until July 5, 2019 to submit an amended complaint in accordance with this Order and the Court's March 22, 2019 Order. Failure to comply by the aforementioned date will result in dismissal of this case. Signed by the Honorable Sara L. Ellis on 5/21/2019. Mailed notice (cc, )
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| Filing 10 LETTER from Kinta Harris (Envelope postmarked 5/7/2019). (sxb, ) |
| Filing 9 MAIL RETURNED, for document #7 , blank Amended Complaint form, USM-285 forms, and instructions sent to Kinta Harris returned as undeliverable, return to sender. New address found, re-mailed to Pekin-FCI P.O. Box 5000 Pekin, IL 61555 (pj, ) |
| Filing 8 NOTICE by Kinta Harris of Change of Address. (Envelope postmarked 3/26/19) (kp, ) |
| MAILED copy of order #7 , amended complaint form, a blank USM -285 form and instructions to Kinta Harris (las, ) |
| MAILED copy of order #7 to the to Trust Fund Officer at MCC (las, ) |
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Filing 7
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 $16.66 from Plaintiff's account for payment to the Clerk of Court as an initial partial payment of the filing fee and to continue making monthly deductions in accordance with this Order. The Court directs the Clerk of Court to send a copy of this Order to the trust fund officer of the facility having custody of Plaintiff. Summons shall not issue. Plaintiff's complaint #1 is dismissed without prejudice for failure to state a claim. If Plaintiff wants to proceed with this lawsuit, he must submit an amended complaint that states a federal claim against an appropriate Defendant(s). Failure to submit an amended complaint by April 30, 2019, will result in dismissal of this lawsuit for failure to state a claim. Ruling on Plaintiff's motion for attorney representation #4 is deferred until after the submission of an acceptable amended complaint. The Clerk of Court is directed to send Plaintiff an amended complaint form, a blank USM-285 form, and instructions along with a copy of this Order. Signed by the Honorable Sara L. Ellis on 3/22/2019. Mailed notice(las, )
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| Filing 6 LETTER from Kinta Harris. (Envelope postmark 2/11/19; institution mail room (2/11/19) (kp, ) |
| Filing 4 MOTION by Plaintiff Kinta Harris for attorney representation. (smm) |
| Filing 3 APPLICATION and Financial Affidavit by Plaintiff Kinta Harris for leave to proceed in forma pauperis; (Attachments). (smm) |
| Filing 2 PRISONER CIVIL Cover Sheet. (smm) |
| Filing 1 RECEIVED Complaint and No copies by Kinta Harris. (Envelope not postmarked; institution mail room 11/8/18). (smm) |
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