Whitted v. U.S. Army
| Michael Whitted, Sr |
| U.S. Army |
| 1:2021cv03302 |
| June 21, 2021 |
| US District Court for the Northern District of Illinois |
| John Z Lee |
| Civil Rights: Jobs |
| 28 U.S.C. ยง 1331 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 2, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 23 CIRCUIT Rule 3(b) Fee Notice: USCA No. 21-2299. (gcy, ) |
| Filing 22 MINUTE entry before the Honorable John Z. Lee: Plaintiff's motion for leave to proceed in forma pauperis on appeal #21 is stricken as having been filed in the wrong court. Pursuant to the Seventh Circuit Court of Appeal's July 23, 201, Circuit Rule 4(b) Fee Notice #20 , Plaintiff must now file any motion for leave to proceed in forma pauperis on appeal with the Court of Appeals, i.e., in his appellate case, no. 21-2299, not in this Court. This Court has already denied Plaintiff's motion for leave to proceed in forma pauperis on appeal. (ca, ) |
| Filing 21 MOTION by Plaintiff Michael Whitted, Sr for leave to appeal in forma pauperis. (gcy, ) |
| Filing 20 CIRCUIT Rule 3(b) Fee Notice. (gcy, ) |
| Filing 19 MINUTE entry before the Honorable John Z. Lee: Plaintiff's application for leave to proceed in forma pauperis ("IFP") on appeal #16 is denied. The Court certifies that the appeal is not taken in good faith. See 28 U.S.C. 1915(a)(3). "[A]n appeal taken in 'good faith' is an appeal that, objectively considered, raises non-frivolous colorable issues." Eiler v. City of Pana, No. 14 C 3063, 2014 WL 11395155, at *1 (C.D. Ill. Nov. 1, 2014); see also Lee v. Clinton, 209 F.3d 1025, 1026 (7th Cir. 2000). "An appeal is frivolous when the result is obvious or when the appellant's argument is wholly without merit." Smeigh v. Johns Manville, Inc., 643 F.3d 554, 565 (7th Cir. 2011) (cleaned up). Here, Plaintiff's IFP application does not list any issues for appeal. And given the Court's ruling that the only discernable basis for this action in Plaintiff's complaint fell well outside the applicable one- and two-year statutes of limitations under 42 U.S.C. 1983, 1985, and 1986, the Court perceives no non-frivolous issue that Plaintiff could raise on appeal. Accordingly, to proceed with his appeal, Plaintiff must either prepay the appellate fee of $505 to the Clerk of this Court within fourteen days of the date of this order, 7th Cir. R. 3(b), or seek review of this Court's certification decision in the Court of Appeals within thirty days of the date of service of this order, Fed. R. App. P. 24(a)(5). Payment shall be sent to: Clerk, United States District Court, 219 South Dearborn Street, Chicago, Illinois 60604, attn: Cashier's Desk, 20th Floor. Payment should clearly identify Plaintiff's name, as well as the district court and appellate court case numbers assigned to this action. If Plaintiff fails to comply with this order, the Court of Appeals may dismiss his appeal. See Evans v. Ill. Dep't of Corr., 150 F.3d 810, 812 (7th Cir. 1998). The Clerk is directed to send a copy of this order to Plaintiff and to the United States Court of Appeals for the Seventh Circuit. (ca, ) |
| MAILED Copy of Order dated 7/23/21 to Michael Whitted, Sr. (gcy, ) |
| Filing 18 NOTICE of Correction #17 . (gcy, ) |
| Filing 17 ENTERED IN ERROR. |
| Filing 16 AFFIDAVIT Accompanying Motion for permission to appeal in forma pauperis. (gcy, ) |
| Filing 15 CERTIFIED copy of order dated 7/22/21 from the 7th Circuit Court of Appeals regarding notice of appeal #10 ; Appellate case no. : 21-2299; The pro se appellant has erroneously filed the motion for leave to appeal in forma pauperis in this court. The pro se appellant should have filed the motion in the district court in the first instance. Accordingly, IT IS ORDERED that the clerk of this court transfer the motion to the clerk of the district court for a ruling on the motion, along with a copy of this order. The pro se appellant is reminded that if the district court denies the in forma pauperis motion, he/she must refile the motion in this court pursuant to Fed. R. App. P. 24. (gcy, ) |
| Filing 14 ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal #10 ; USCA Case No. 21-2299 (gw, ) |
| Filing 13 CIRCUIT Rule 3(b) Fee Notice (gw, ) |
| Filing 12 TRANSMITTED to the 7th Circuit the short record on notice of appeal #10 . Notified counsel (gcy, ) |
| Filing 11 NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal #10 (gcy, ) |
| Filing 10 NOTICE of appeal by Michael Whitted, Sr regarding orders #9 , #8 . (gcy, ) |
| Filing 9 ENTERED JUDGMENT Signed by the Courtroom Deputy on 6/28/21.(ca, ) |
Filing 8
ORDER : For the reasons set forth below, Plaintiff Michael Whitted's complaint #1 is dismissed with prejudice based upon the statute of limitations. As a result, Plaintiff's application for leave to proceed in forma pauperis ("IFP") #4 and motion for attorney representation #5 are denied as moot. This case is hereby terminated. Signed by the Honorable John Z. Lee on 6/28/21.(ca, )
|
| Filing 5 MOTION by Plaintiff Michael Whitted, Sr for attorney representation. (gcy, ) |
| Filing 4 APPLICATION by Plaintiff Michael Whitted, Sr for leave to proceed in forma pauperis and affidavit. (gcy, ) |
| Filing 3 PRO SE Appearance by Plaintiff Michael Whitted, Sr. (gcy, ) |
| Filing 2 CIVIL Cover Sheet. (gcy, ) |
| Filing 1 RECEIVED Complaint and 0 copies by Michael Whitted, Sr. (gcy, ) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Whitted v. U.S. Army | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: Michael Whitted, Sr | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: U.S. Army | |
| Represented By: | AUSA - Chicago |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
