Rowlette v. The City of Blue Island
| Ernest Rowlette |
| The City of Blue Island |
| 1:2019cv00106 |
| January 7, 2019 |
| US District Court for the Northern District of Illinois |
| John J Tharp |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 13, 2019. A more recent docket listing may be available from PACER.
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| Filing 7 JUDGMENT ORDER. Signed by the Honorable John J. Tharp, Jr on 2/13/2019. Mailed notice. (sxb, ) |
Filing 6
ORDER: By Order of January 9, 2019, the Court granted Plaintiff's application for leave to proceed in forma pauperis but summarily dismissed the complaint on initial review pursuant to 28 U.S.C. 1915A. The Court granted Plaintiff the opportunity to submit an amended complaint if he believed that he could cure pleading deficiencies and state an actionable federal claim. The Court warned Plaintiff that failure to amend by February 8, 2019, would result in summary dismissal of this case in its entirety. Despite the admonition, Plaintiff had not responded to the Court's order and has not filed an amended complaint. Given the lack of a cognizable federal claim in the original complaint, this Court lacks subject matter jurisdiction. Accordingly, the case is dismissed and final judgment will be entered in favor of all defendants. The re-operative original complaint counts as one of Plaintiff's three allotted dismissals under 28 U.S.C. 1915(g). Although the case is terminated in this Court, and the claim may not be reasserted in federal court, this dismissal is without prejudice to the assertion of any state law claim Plaintiff may seek to file in state court. If Plaintiff wishes to appeal, he must file a notice of appeal with this Court within thirty days of the entry of judgment. See Fed. R. App. P. 4(a)(1). If Plaintiff seeks leave to proceed in forma pauperis on appeal, he must file a motion for leave to proceed in forma pauperis in this Court. See Fed. R. App. P. 24(a)(1). Signed by the Honorable John J. Tharp, Jr on 2/13/2019. Mailed notice. (sxb, )
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Filing 5
ORDER: Plaintiff's application for leave to proceed in forma pauperis [#3] is granted. The Court authorizes and orders the trust fund officer at Plaintiff's place of incarceration to deduct $3.80 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. However, the complaint is summarily dismissed on initial review pursuant to 28 U.S.C. 1915A for failure to state an actionable federal civil claim. Dismissal is without prejudice. Plaintiff may file an amended complaint on or before February 8, 2019; failure to do so will result in dismissal of this case. The Court directs the Clerk to send a copy of this order to the trust fund office at Plaintiff's place of confinement. Plaintiff's motion for attorney representation [#4] is denied as moot in the absence of a colorable federal claim. Signed by the Honorable John J. Tharp, Jr on 1/9/2019. Mailed notice. (sxb, )
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| EMAILED a copy of the order dated 1/9/2018 #5 to the Supervisor of the Inmate Trust Fund Accounts at Cook County Jail. (sxb, ) |
| Filing 4 MOTION by Plaintiff Ernest Rowlette for attorney representation (sxb, ) |
| Filing 3 APPLICATION by Plaintiff Ernest Rowlette for leave to proceed in forma pauperis (Exhibit) (sxb, ) |
| Filing 2 PRISONER CIVIL Cover Sheet (sxb, ) |
| Filing 1 RECEIVED Complaint and 1 copy by Ernest Rowlette (Attachments: #1 Envelope not postmarked) (sxb, ) |
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| Plaintiff: Ernest Rowlette | |
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| Defendant: The City of Blue Island | |
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