Garcia v. Hendrix
| Leonardo Garcia |
| Adam Hendrix |
| 1:2020cv00387 |
| January 17, 2020 |
| US District Court for the Northern District of Illinois |
| Manish S Shah |
| Constitutional - State Statute |
| 28 U.S.C. ยง 1446 |
| Defendant |
Docket Report
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This docket was last retrieved on January 22, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 10 MINUTE entry before the Honorable Manish S. Shah: The clerk shall correct the docket to reflect that Docket Entry No. 9 is a motion filed by Defendant Hendrix seeking dismissal of the state-court order of protection against him. The motion is denied because, although Hendrix now asserts that he is a California citizen, there is no federal subject-matter jurisdiction over the dispute, and Hendrix can pursue his objections to the state-court order in state court. This federal court will not interfere with or enjoin ongoing state-court proceedings. This case remains closed. Notices mailed. (psm, ) |
| Filing 8 ENTERED JUDGMENT. Notices mailed. (psm, ) |
| Filing 7 MINUTE entry before the Honorable Manish S. Shah: This case is dismissed for lack of jurisdiction. Defendant Hendrix filed a notice of removal of a state-court order of protection, and generally asserts a violation of his civil rights. But the notice does not contain any showing that there is a pending claim or counterclaim in the state-court case that raises a question of federal law. The parties are both apparent Illinois citizens. Without a pending claim that supports federal subject-matter jurisdiction, a state-court case cannot be removed to federal court. If Hendrix has a civil-rights claim against Garcia, he must either file that as a counterclaim in the Lake County action or file a new lawsuit. Removal of the order of protection is not an option based on the attached pleadings. The notice of removal is dismissed, the application to proceed in forma pauperis #4 is denied as moot, and the clerk shall close this case. If necessary, the clerk shall remand this action forthwith to the Circuit Court of Lake County, Illinois. Notices mailed. (psm, ) |
| Filing 9 MOTION by Plaintiff Leonardo Garcia to dismiss state-court order of protection. (Exhibits) (nsf, ) Modified on 1/22/2020 (psm, ). |
| Filing 6 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. (sxb, ) |
| Filing 5 MAILED Notice of Removal letter to parties of record. (sxb, ) |
| Filing 4 APPLICATION by Defendant Adam Hendrix for leave to proceed in forma pauperis (sxb, ) |
| Filing 3 PRO SE Appearance by Defendant Adam Hendrix (sxb, ) |
| Filing 2 CIVIL Cover Sheet (sxb, ) |
| Filing 1 RECEIVED Notice of Removal from Circuit Court of Lake County, case number 2019OP002029 filed by defendant Adam Hendrix. (sxb, ) |
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| Defendant: Adam Hendrix | |
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| Plaintiff: Leonardo Garcia | |
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