Bush Sneed v. Caldwell et al
| Tammy Bush Sneed |
| Huntington Bank, Robert Caldwell and Fifth Third Bank |
| 1:2020cv05988 |
| October 7, 2020 |
| US District Court for the Northern District of Illinois |
| Steven C Seeger |
| Prisoner: Habeas Corpus |
| 28 U.S.C. ยง 1331 |
| None |
Docket Report
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This docket was last retrieved on May 26, 2021. A more recent docket listing may be available from PACER.
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| Filing 9 MINUTE entry before the Honorable Steven C. Seeger: On April 26, 2021, this Court dismissed the complaint for failure to state a claim. This Court also granted Plaintiff leave to file an amended complaint by May 24, 2021. (Dckt. No. #8 ) The Court forewarned that a failure to comply may lead to dismissal. That deadline has now passed, and Plaintiff has not filed an amended complaint. The case is closed. Civil case terminated. Mailed notice. (jjr, ) |
| Filing 8 MINUTE entry before the Honorable Steven C. Seeger: Plaintiff's application to proceed in forma pauperis (Dckt. No. #4 ) is hereby granted in part and denied in part. Plaintiff is indigent, so she qualifies from a financial perspective. But the complaint does not pass prescreening under 28 U.S.C. 1915A. This Court must prescreen the complaint and "shall dismiss the case at any time if the court determines that... the action... fails to state a claim on which relief may be granted." See 28 U.S.C. 1915(e)(2)(B)(ii). The complaint purports to bring a federal claim under 42 U.S.C. 1983, 1985, and 1986 against Huntington Bank and Walter Caldwell, one of its officials, as well as Fifth Third Bank. Plaintiff alleges that they conspired to deprive her of her rights, including "rights to her estate finances and properties." See Cplt., at 2 (Dckt. No. #1 ) Plaintiff alleges that "Huntington Bank has given access to my checking and savings account to a group of individuals that have been for 40+ years stealing monies from my care." Id. at 4. Also: "Defendant had the young lady shot at and put into mental facilities that worked with him to prevent being taken to trial for admitting the young woman whom name as stated is Tammy Barnes." Id. And the defendant "told the Fifth Third Bank that a check belonging to Tammy Sneed was fraudulent," and "the Plaintiff brother was put into carceration [sic] for monies that belong to Tammy Barnes." It is not clear, what, exactly, Plaintiff is alleging. Maybe she is alleging a misappropriation or conversion claim of some kind (that is, that someone stole from her). But if so, there is no freestanding federal claim for stealing money. Also, the statutes in question require state action, but the complaint does not allege that the defendants are state actors or conspired with the government. Accordingly, the complaint is dismissed for failure to state a claim. The Court grants Plaintiff leave to file an amended complaint by May 24, 2021. A failure to comply will lead to dismissal. Mailed notice. (jjr, ) |
| Filing 7 NOTICE of Correction regarding #5 (rp, ) |
| Filing 5 Entered in error (daj, ) Modified on 10/9/2020 (rp, ). |
| Filing 4 APPLICATION by Plaintiff Tammy Bush Sneed for leave to proceed in forma pauperis (daj, ) |
| Filing 3 PRO SE Appearance by Plaintiff Tammy Bush Sneed (daj, ) |
| Filing 2 CIVIL Cover Sheet (daj, ) |
| Filing 1 RECEIVED Complaint and zero copies by Tammy Bush Sneed (daj, ) |
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