Kelly v. Chief of Police Talley et al.,
| James Kelly |
| Chief of Police Talley, Maywood Police Dept. and Area Towing |
| 1:2019cv03163 |
| May 9, 2019 |
| US District Court for the Northern District of Illinois |
| John Z Lee |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 7 COMPLAINT filed by James Kelly; Jury Demand. (las, ) |
| Filing 6 MINUTE entry before the Honorable John Z. Lee: Plaintiff has filed a complaint #1 , an application for leave to proceed in forma pauperis ("IFP") #3 , and a motion for attorney representation #4 . Plaintiffs IFP application demonstrates that he cannot prepay the filing fee, and the application is thus granted. Plaintiff's motion for attorney representation #4 is denied without prejudice to later renewal, as he has not made any effort to obtain counsel on his own. See Pruitt v. Mote, 503 F.3d 647, 65455 (7th Cir. 2007) (en banc). Additionally, the Court has conducted an initial review of Plaintiffs complaint and determined that, with one exception, it satisfies the requirements of 28 U.S.C. 1915(e)(2)(B). See Turley v. Rednour, 729 F.3d 645, 649 (7th Cir. 2013). Plaintiff cannot proceed against the Maywood Police Department, which is not a suable entity. See Gray v. City of Chi., 159 F. Supp. 2d 1086, 1089 (N.D. Ill. 2001) (explaining that the Chicago Police Department is merely a department of the City of Chicago and does not have a separate legal existence); Stancie v. Porter, No. 94 C 5309, 1994 WL 710736, at *2 (N.D. Ill. Dec. 20, 1994) (same for Maywood Police Department). Accordingly, the Maywood Police Department is dismissed as a Defendant; Plaintiff's complaint may otherwise proceed. Accordingly, the Clerk of Court is directed to: (1) file Plaintiffs complaint; (2) issue summonses for service of the complaint on Defendants Talley and Area Towing; and (3) mail Plaintiff a copy of this order, as well as 2 blank USM-285 (Marshals service) forms. The U.S. Marshal is appointed to serve Defendants but will not attempt service until Plaintiff returns completed USM-285 service forms. Plaintiff must return the completed USM-285 forms to the Clerk of Court by 6/20/19. His failure to do so may result in the dismissal of this case for lack of prosecution. An initial status hearing is set for 7/23/19 at 9:00 a.m. The parties shall file a joint initial status hearing four business days prior to the hearing. Mailed notice (ca, ) |
| MAILED copy of order #6 and two blank USM-285 forms to James Kelley (las, ) |
| SUMMONS Issued, certified copy of order dated 5/22/2019 to the U.S. Marshal's Office for service as to Defendants Area Towing, Chief of Police Talley via email. (las, ) |
| Filing 5 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (las, ) |
| Filing 4 MOTION by Plaintiff James Kelly for attorney representation (las, ) |
| Filing 3 APPLICATION by Plaintiff James Kelly for leave to proceed in forma pauperis (las, ) |
| Filing 2 CIVIL Cover Sheet (las, ) |
| Filing 1 RECEIVED Complaint and no copy by James Kelly (Envelope postmarked5/6/2019) (las, ) |
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