Young v. Dart et al
| Nikia Young |
| Tom Dart |
| 1:2019cv00817 |
| February 8, 2019 |
| 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 April 8, 2019. A more recent docket listing may be available from PACER.
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Filing 8
JUDGMENT ORDER : This action having been decided by Judge John J. Tharp, Jr., on preliminary review pursuant to 28 U.S.C. 1915, it is hereby ORDERED: Judgment is hereby entered in favor of defendant Tom Dart and against plaintiff Nikia Young. Defendant shall not recover costs from plaintiff. Signed by the Honorable John J. Tharp, Jr on 4/8/2019. Mailed notice (tt, )
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Filing 7
ORDER: By order dated February 27, 2019, 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 her pleading if she believed she could state a valid federal claim #6 . At that time, the Court warned Plaintiff that failure to submit an amended complaint by March 29, 2019, 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. 6, Feb. 27, 2019 screening 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), she 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 she demonstrates that she is in imminent danger of serious physical injury. See 1915(g). If Plaintiff wants to appeal this dismissal, she 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 toappeal, she will be responsible for paying the $505 appellate filing fee irrespective 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 enter final judgment. Case closed. Signed by the Honorable John J. Tharp, Jr on 4/8/2019. Mailed notice (tt, )
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Filing 6
ORDER: Plaintiff's applications for leave to proceed in forma pauperis #3 , #5 are granted. The Court orders the trust fund officer at Plaintiffs place of incarceration to deduc t $8.55 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 at Plaintiff's current place of incarceration. Summonses, however, 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, she must submit an amended complaint that complies with this order. Failure to submit an amended complaint by March 29, 2019, will result in dismissal of this lawsuit for failure to state a claim. Plaintiff also must promptly submit a change-of-address notification if she is transferred to another facility or released. If Plaintiff fails to keep the Court informed of her address, this action will be subject to dismissal for failure to comply with a Court order and for failure to prosecute. Given the preliminary stage of this case, Plaintiff's motion for attorney representation #4 is denied without prejudice to renewal should this case proceed. 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 John J. Tharp, Jr on 2/27/2019. Mailed notice (tt, )
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| MAILED plaintiff copy of order dated 2/27/19 #6 , an amended complaint form, a blank USM-285 form, and instructions. Additionally, mailed copy of order dated 2/27/19 #6 to trust fund officer at Plaintiff's current place of incarceration. (tt, ) |
| Filing 5 APPLICATION to proceed in District Court Without Prepaying Fees or Costs by Plaintiff. (gcy, ) |
| Filing 4 MOTION by Plaintiff Nikia Young for attorney representation. (gcy, ) |
| Filing 3 APPLICATION by Plaintiff Nikia Young for leave to proceed in forma pauperis and affidavit. (Attachments). (gcy, ) |
| Filing 2 PRISONER CIVIL Cover Sheet. (gcy, ) |
| Filing 1 RECEIVED Complaint and 0 copies by Nikia Young. (Envelope Postmark date 2/5/19). (gcy, ) |
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