Javaid v. Palackic et al
| Irfan Javaid |
| S Palackic, EK Hunger, E Peci, PM Ramirez, FM De La Garza Jr., Sabahudin Palackic, Eric Hunger, Endri Peci, P. Ramirez, Felipe De La Garza and City of Chicago |
| 1:2021cv06335 |
| November 24, 2021 |
| US District Court for the Northern District of Illinois |
| Martha M Pacold |
| Prisoner: Civil Rights |
| 28 U.S.C. ยง 1331 |
| Defendant |
Docket Report
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| Document Text |
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| Filing 10 MINUTE entry before the Honorable Martha M. Pacold: Plaintiff is directed to file a status report by 2/3/2022 regarding the status of service. (rao, ) |
| Filing 9 FIRST AMENDED complaint by Irfan Javaid against All Defendants JURY DEMAND (Browne, Garrett) |
| Filing 8 ATTORNEY Appearance for Plaintiff Irfan Javaid by Garrett W. Browne (Browne, Garrett) |
| Filing 7 ATTORNEY Appearance for Plaintiff Irfan Javaid by Edward M. Fox (Fox, Edward) |
Filing 6
ORDER: The court has reviewed plaintiff's complaint. #1 . The complaint appears to allege false arrest and false imprisonment claims under 42 U.S.C. 1983. Even though Plaintiff is not a "prisoner" under the PLRA because he was not incarcerated when he initiated this lawsuit, his pleadings are still subject to initial screening. Rowe v. Shake, 196 F.3d 778 (7th Cir. 1999) ("[District courts have the power to screen complaints filed by all litigants, prisoners and non- prisoners alike, regardless of fee status.") (citing 28 U.S.C. 1915(e)(2)(B)). The Court must dismiss a complaint if it is frivolous, fails to state a claim upon which relief may be granted, or seeks monetary damages against a defendant who is immune from such damages. 28 U.S.C. 1915(e)(2)(B). Courts screen complaints in the same manner they review motions to dismiss under Federal Rule of Civil Procedure 12(b)(6). Maddox v. Love, 655 F.3d 709, 718 (7th Cir. 2011). A complaint must include "a short and plain statement of the claim showing that the pleader is entitled to relief." Fed. R. Civ. P. 8(a)(2). The short and plain statement must "give the defendant fair notice of what the claim is and the grounds upon which it rests." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007) (citation omitted). The statement also must contain sufficient factual matter, accepted as true, to "state a claim to relief that is plausible on its face," which means that the pleaded facts must show there is "more than a sheer possibility that a defendant has acted unlawfully." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). When screening a pro se plaintiff's complaint, courts construe the plaintiff's allegations liberally. Erickson v. Pardus, 551 U.S. 89, 94 (2007) (per curiam). Courts also must "accept all well- pleaded facts as true and draw reasonable inferences in the plaintiff's favor." Roberts v. City of Chicago, 817 F.3d 561, 564 (7th Cir. 2016). Plaintiff's complaint fails to state a claim because it does not contain any factual allegations whatsoever; it merely states the legal conclusion that plaintiff was arrested and subject to detention without probable cause. #1 at 4-6. While the pleading standard does not require "detailed factual allegations," it requires "more than an unadorned, the- defendant-unlawfully-harmed-me accusation." Wilson v. Ryker, 451 Fed. App'x 588, 589 (7th Cir. 2011). If Plaintiff wishes to proceed with this lawsuit, he must submit an amended complaint consistent with this order. Failure to submit an amended complaint by January 18, 2022, will result in summary dismissal of this case. The Clerk is directed to send plaintiff an amended civil rights complaint form along with a copy of this order. Signed by the Honorable Martha M. Pacold on 12/28/2021. Mailed notice (jn, )
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| MAILED order dated 12/28/2021 #6 , and an Amended Complaint civil rights form to Irfan Javaid. (jn, ) |
| Filing 5 ARREST CHARGES by Irfan Javaid. (aee, ) |
| Filing 4 COMPLAINT filed by Irfan Javaid (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, ) |
| MAILED copy of the Clerk's Notice entry along with the Joint Consent Form to Plaintiff (exr, ) |
| Filing 2 CIVIL Cover Sheet (exr, ) |
| Filing 1 RECEIVED Complaint and no copies by Irfan Javaid (exr, ) |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Beth W. Jantz. FEE DUE, NO INFORMA PAUPERIS APPLICATION SUBMITTED. Case assignment: Random assignment. (exr, ) |
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