Whitmore v. Robbert
| James Whitmore |
| Robbert |
| 1:2021cv00657 |
| February 2, 2021 |
| US District Court for the Northern District of Illinois |
| Thomas M Durkin |
| Prisoner: Civil Rights |
| 28 U.S.C. ยง 1331 |
| Both |
Docket Report
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This docket was last retrieved on March 22, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 12 MINUTE entry before the Honorable Thomas M. Durkin: The Court dismissed plaintiff's original complaint on March 3, 2021, for lack of subject-matter jurisdiction but granted leave to amend. While plaintiff's amended complaint includes additional allegations that did not appear in the original complaint, plaintiff has still failed to establish subject-matter jurisdiction. As best the Court can tell, the amended complaint alleges that Robbert (unknown last name) from the U.S. Attorney's Office refused to let Whitmore file a complaint against an auto repair shop manager. The amended complaint further alleges that Robbert's refusal violated Whitmore's rights under the First and Fourteenth Amendments to the U.S. Constitution. But the U.S. Attorney's Office is not a vehicle for private citizens to file complaints against other private citizens. Generally speaking, the U.S. Attorney's Office is responsible for the prosecution of criminal cases brought by the federal government; the prosecution and defense of civil cases in which the United States is a party; and the collection of debts owed to the federal government which are administratively uncollectible. As the Court's previous order explained, federal courts cannot exercise jurisdiction over a complaint where there is no subject-matter jurisdiction. Because plaintiff's amended complaint does not set forth sufficient allegations that his claims, if any, arise under federal law, this action is dismissed with prejudice. Civil case terminated. Mailed notice. (ecw, ) |
| Filing 11 APPLICATION by Plaintiff James Whitmore for leave to proceed in forma pauperis. (rc, ) |
| Filing 10 AMENDED complaint by James Whitmore against Robbert. (Attachments: #1 Exhibit) (rc, ) |
Filing 9
ORDER: For the reasons stated in the attached order, the Court dismisses Whitmore's complaint, R. #1 , without prejudice and with leave to refile, and denies his application to proceed in forma pauperis, R. #8 , and motion for attorney representation, R. #3 , as moot. Signed by the Honorable Thomas M. Durkin on 3/3/2021. Mailed notice. (ecw, )
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| Filing 8 APPLICATION by Plaintiff James Whitmore for leave to proceed in forma pauperis. (Attachments). (No Envelope postmark date). (gcy, ) |
| Filing 7 MINUTE entry before the Honorable Thomas M. Durkin: The complaint #1 is dismissed without prejudice. Plaintiff must either pay the $402 filing fee or file an application to proceed in forma pauperis. Failure to do so by 3/10/2021 will result in a dismissal with prejudice. Mailed notice. (ecw, ) |
| Filing 4 PRO SE Appearance by Plaintiff James Whitmore. (rc, ) |
| Filing 3 MOTION by Plaintiff James Whitmore for attorney representation. (rc, ) |
| Filing 2 CIVIL Cover Sheet. (rc, ) |
| Filing 1 RECEIVED Complaint and 0 copies by James Whitmore. (rc, ) |
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| Plaintiff: James Whitmore | |
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| Defendant: Robbert | |
| Represented By: | AUSA - Chicago |
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