McClurge v. Biomat USA et al
Plaintiff: Christopher McClurge
Defendant: Gridfols Plasma Care and Biomat USA
Case Number: 1:2020cv06277
Filed: October 22, 2020
Court: US District Court for the Northern District of Illinois
Presiding Judge: John Z Lee
Nature of Suit: Personal Inj. Med. Malpractice
Cause of Action: 28 U.S.C. ยง 1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 9, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 9, 2020 Filing 7 MINUTE entry before the Honorable John Z. Lee: Plaintiff has filed a complaint #1 and an application for leave to proceed in forma pauperis ("IFP") #4 . Plaintiff's IFP application demonstrates that he cannot prepay the filing fee, and the application is thus granted. When a litigant wishes to proceed in forma pauperis, the Court is required to conduct an initial review of the complaint to determine whether the claims are frivolous or malicious, fail to state a claim on which relief can be granted, or seek monetary relief against a defendant who is immune from such relief. 28 U.S.C. 1915(e)(2); see Denis v. Riverwalk Holdings, Ltd., 596 F. App'x 519 (7th Cir. 2015). Courts also construe pro se complaints liberally. See Erickson v. Pardus, 551 U.S. 89, 94 (2007) (per curiam). In order to state a claim on which relief can be granted, the factual allegations in the complaint must be enough to raise a right to relief above the speculative level. Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007). Federal courts are courts of limited jurisdiction, and may only hear cases in two primary categories: 1) those raising issues of federal law, known as "federal question" jurisdiction, and 2) those between parties who are citizens of different states and which involve an amount in controversy exceeding $75,000.00, known as "diversity" jurisdiction. See 28 U.S.C. 1331, 1332(a). Plaintiff alleges that he was injured while donating plasma at Biomat USA Grifols Plasma Care when a nurse improperly used a needle to "poke" his finger, causing him extreme pain, as well as an infection and swelling in his finger. Plaintiff also alleges that the nurse was likely trained incorrectly. While such conduct may be a tort for which Plaintiff could file a complaint in state court, the complaint does not allege that Plaintiff's claim is brought pursuant to a federal law, nor does Plaintiff allege that this case is within the Court's diversity jurisdiction (the complaint neither states that Defendant is a citizen of another state nor that Plaintiff's damages would exceed $75,000). Thus, Plaintiff's complaint #1 is dismissed without prejudice. Plaintiff may file an amended complaint consistent with this Order by 1/22/21. Failure to do so by 1/22/21 will result in dismissal of the case. The Court recommends that Plaintiff utilize the resources provided by the U.S. District Court Hibbler Memorial Pro Se Assistance Program in preparing an amended complaint, information about which can be found at: https://www.ilnd.uscourts.gov/Pages.aspx?/2+UWDbtVzCDq3Lu8BusuQ==.Mailed notice (ca, )
October 22, 2020 Filing 4 APPLICATION by Plaintiff Christopher McClurge for leave to proceed in forma pauperis (daj, )
October 22, 2020 Filing 3 PRO SE Appearance by Plaintiff Christopher McClurge (daj, )
October 22, 2020 Filing 2 CIVIL Cover Sheet (daj, )
October 22, 2020 Filing 1 RECEIVED Complaint and zero copies by Christopher McClurge (daj, )

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Plaintiff: Christopher McClurge
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Defendant: Gridfols Plasma Care
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Defendant: Biomat USA
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