Evans v. Little Company Mary Hospital et al
| John Evans |
| Little Company Mary Hospital, Akash Ahuja, David Shapiro, Michell Diane and Hamid Khalid Nazeer |
| 1:2021cv06128 |
| November 17, 2021 |
| US District Court for the Northern District of Illinois |
| Martha M Pacold |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 11, 2022. A more recent docket listing may be available from PACER.
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| Filing 11 RECEIVED Amended Complaint and no copies by John Evans (Exhibits) (Envelope postmarked 1/7/2022) (exr, ) |
Filing 10
ORDER: Plaintiff's application to proceed in forma pauperis #4 is granted because he has shown that he cannot afford the filing fee. Plaintiff has also filed two motions for appointment of counsel or attorney representation. #5 , #6 . Those motions are denied without prejudice. "There is no right to court-appointed counsel in federal civil litigation," Olson v. Morgan, 750 F.3d 708, 711 (7th Cir. 2014), but the court may request that an attorney represent an indigent litigant on a volunteer basis under 28 U.S.C. 1915(e)(1). Because this litigation is still in the beginning stages, it would be premature to recruit counsel on plaintiff's behalf. Additionally, the court has reviewed plaintiff's complaint. #1 . The complaint appears to allege medical malpractice claims against the defendants due to surgery complications. However, the complaint fails to set forth this court's subject-matter jurisdiction. Federal Rule of Civil Procedure 8(a)(1) requires a complaint to contain "a short and plain statement of the grounds for the court's jurisdiction." Ordinarily, claims alleging medical malpractice are claims governed by state law and do not arise under federal law. "As a general rule, a federal court does not have original federal question jurisdiction over a case in which the complaint on its face presents only a state law claim." Sprague Iron Works v. Urbauer, 604 F. Supp. 733, 735 (N.D. Ill. 1985). Therefore, unless there is diversity jurisdiction pursuant to 28 U.S.C. 1332(a), this court does not have subject matter jurisdiction to hear state law medical malpractice claims, but it is not apparent on the face of plaintiff's complaint whether there is complete diversity between the parties or whether the amount in controversy exceeds $75,000. It also does not appear on the face of the complaint that plaintiff is suing any federally funded medical facility or medical provider who is deemed a United States employee due to funding, and so the face of the complaint offers no basis to conclude that there is federal question jurisdiction under the Federal Tort Claims Act. Accordingly, because plaintiff's complaint appears to concern a matter over which this court does not have subject matter jurisdiction and pleads no other basis for this court's jurisdiction, the complaint #1 is dismissed without prejudice to refiling in an appropriate forum. If plaintiff believes he can cure the defects in his complaint that are identified in this order, he may file an amended complaint by 1/13/2022. If no amended complaint is filed, the clerk will enter final judgment dismissing the case without prejudice for lack of jurisdiction. Signed by the Honorable Martha M. Pacold on 12/17/2021. Mailed notice. (exr, )
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| Filing 9 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Martha M. Pacold for all further proceedings pursuant to the provisions of 28 USC 294(b). Honorable Joan H. Lefkow no longer assigned to the case. Signed by Executive Committee on 11/17/2021. (jg, ) |
| Filing 6 MOTION by Plaintiff John Evans for appointment of counsel (exr, ) |
| Filing 5 MOTION by Plaintiff John Evans for attorney representation (exr, ) |
| Filing 4 APPLICATION by Plaintiff John Evans for leave to proceed in forma pauperis (exr, ) |
| Filing 3 PRO SE Appearance by Plaintiff John Evans (exr, ) |
| Filing 2 CIVIL Cover Sheet (exr, ) |
| Filing 1 RECEIVED Complaint and no copies by John Evans (Envelope postmarked 11/9/2021) (Attachments: #1 Complaint Part 2, #2 Complaint Part 3)(exr, ) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (exr, ) |
| CASE ASSIGNED to the Honorable Joan H. Lefkow. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (exr, ) |
| MAILED copy of the Clerk's Notice entry along with the Joint Consent Form to Plaintiff (exr, ) |
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