Ellis v. Eric et al
| Rosemary Ellis |
| Eric, Annu and Katie |
| 1:2021cv05754 |
| October 27, 2021 |
| US District Court for the Northern District of Illinois |
| Robert W Gettleman |
| Civil Rights: Jobs |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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| Filing 6 ENTERED JUDGMENT on 10/28/2021. Mailed notice (cn). |
Filing 5
ORDER: Plaintiff Rosemary Ellis has filed a pro se complaint that appears to be complaining of certain unlawful conduct of her previous employer, but fails to name the employer and identifies as defendants three individuals named Eric, Annu, and Katie. The complaint alleges that her employer told her that they could not bring her back "because of the new ordinance." Plaintiff has also filed an application for leave to proceed in forma pauperis ("IFP") #3 . Under 28 U.S.C. 1915 (a)(1), a district court may allow a plaintiff to file a lawsuit without prepaying the required fees if the plaintiff establishes that she cannot afford to pay for legal services. Holly v. Wexford Health Services, Inc. , 339 F. Appx. 633, 635-36 (7th Cir. 2009). The court must, however, also review the complaint and dismiss the action if it is frivolous or malicious, or fails to state a claim. 28 U.S.C. 1915(e)(2). Courts within the Seventh Circuit may address the merits of a complaint prior to granting IFP status. Wartman v. Branch 7, Civ. Div., County Court, Milwaukee County, State of Wisc. , 510 F.2d 103, 132 (7th Cir. 1975). Plaintiff's complaint fails to present factual allegations to plausible suggest that she has a claim against her unnamed employer. Nor are there any facts alleged to support a claimed against the "named" defendants. Consequently, the complaint is dismissed under 28 U.S.C. 1915(e)(2)(B)(ii), for failure to state a claim. Plaintiff's motion to proceed IFP #3 is denied as moot. Civil case terminated. Signed by the Honorable Robert W. Gettleman on 10/28/2021. Mailed notice (cn).
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| Filing 4 PRO SE Appearance by Plaintiff Rosemary Ellis. (rc, ) |
| Filing 3 APPLICATION by Plaintiff Rosemary Ellis for leave to proceed in forma pauperis. (rc, ) |
| Filing 2 CIVIL Cover Sheet. (rc, ) |
| Filing 1 RECEIVED Complaint and by Rosemary Ellis. (rc, ) |
| CASE ASSIGNED to the Honorable Robert W. Gettleman. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (rc, ) |
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