Tolbert v. Nationstarr
| George Tolbert |
| Nationstarr |
| 1:2021cv06922 |
| December 30, 2021 |
| US District Court for the Northern District of Illinois |
| Mary M Rowland |
| Real Property: Foreclosure |
| 28 U.S.C. ยง 1331 Federal Question |
| None |
Docket Report
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This docket was last retrieved on December 19, 2024. A more recent docket listing may be available from PACER.
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Filing 14
CERTIFICATE of Compliance with page limitations filed by George Tolbert. (jh, )
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Filing 13
NOTICE by George Tolbert re MOTION for a temperary injunction and other relief #12 . (jh, )
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Filing 12
AMENDED MOTION for a temperary injunction and other relief filed by Plaintiff George Tolbert. (jh, )
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Filing 11
APPLICATION by Plaintiff George Tolbert for leave to proceed in forma pauperis. (jh, )
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Filing 10
RECEIVED Complaint by George Tolbert; Notice. (Exhibits) (jh, )
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Filing 9
APPLICATION by Plaintiff George Tolbert for leave to proceed in forma pauperis. (Document Received for Docketing on 2/9/2022) (jh, )
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MAILED a blank IFP application, Order dated January 6, 2022, #6 , and Order dated 1/26/2022 to the Plaintiff. (jh, )
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Filing 8
MINUTE entry before the Honorable Mary M. Rowland: On January 6, 2022 this Court entered an order #6 denying Plaintiff's application for leave to proceed in forma pauperis. The order directed Plaintiff to file the filing fee or a renewed IFP application by February 18, 2022. The Court also dismissed the complaint because it failed to allege any federal claims and told Plaintiff he would be permitted to file an amended complaint after he paid the filing fee or was granted leave to proceed in forma pauperis. On January 18, 2022, Plaintiff filed a "motion for temporary injunction and other relief." #7 After review, this appears to be Plaintiff's amended complaint. Before the Court will review the amended complaint, Plaintiff must (1) submit a renewed IFP application or (2) pay the filing fee by the February 18, 2022. If plaintiff fails to comply with this order, the case may be dismissed. The Clerk's office is directed to send Plaintiff a blank IFP application and a copy of this Order and the Order dated January 6, 2022 #6 . Mailed notice. (dm, )
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Filing 7
MOTION for a temporary injunction and other relief filed by Plaintiff George Tolbert. (Exhibits) (jh, )
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MAILED a blank amended complaint form, a blank application to proceed in forma pauperis form along with the Minute Entry dated 1/6/2022 to the Plaintiff. (jh, )
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Filing 6
MINUTE entry before the Honorable Mary M. Rowland: The Court denies Plaintiff's application for leave to proceed in forma pauperis #4 . The federal in forma pauperis statute, 28 U.S.C. 1915, ensures indigent litigants meaningful access to the federal courts while simultaneously preventing indigent litigants from filing frivolous, malicious, or repetitive lawsuits. Neitzke v. Williams, 490 U.S. 319, 324 (1989). Before authorizing a litigant to proceed in forma pauperis, the Court must determine that the action is neither frivolous nor malicious, does not fail to state a claim, and does not seek money damages against a defendant immune from such relief. 28 U.S.C. 1915(e). Plaintiff's complaint fails under these standards. Plaintiff appears to request "emergency" relief under Illinois Supreme Court Rule 305(d) from state court proceedings brought by his lenders to foreclose on the property of which he is a mortgagor. The Court lacks jurisdiction to provide relief under a state supreme court rule. By the same token, the complaint does not appear to allege any claims that arise under federal law, nor provide any basis for this Court to conclude that diversity jurisdiction exists in this case. Accordingly, Plaintiff's application for leave to proceed in forma pauperis #4 is denied and Plaintiff's complaint #1 is dismissed without prejudice for failure to allege a basis for federal jurisdiction. On or before 2/18/22, Plaintiff may file an amended complaint and a renewed application to proceed in forma pauperis, to the extent he can do so consistent with his obligations under Federal Rule of Civil Procedure 11. This Court encourages Plaintiff to review 28 U.S.C. 1331 and 28 U.S.C. 1332 before filing any amended complaint; he must ensure that this Court possesses subject matter jurisdiction by alleging complete diversity of the parties or the existence of a federal question. Failure to allege a basis for federal jurisdiction will result in dismissal. Failure to file an amended complaint by 2/18/22 will also result in a dismissal. In addition, if Plaintiff files an amended complaint, he must conform his pleading to Federal Rule of Civil Procedure 8, which requires plaintiffs to plead in a "straightforward" fashion so that adverse parties "need not try to fish a gold coin from a bucket of mud." United States ex rel. Garst v. Lockheed-Martin Corp., 328 F.3d 374, 377 (7th Cir. 2003). As currently pled, the Court simply cannot determine what cause of action Plaintiff intends to assert against the named Defendant, Nationstar. Failure to conform the amended complaint to Rule 8(a) may also result in a dismissal of this case. Mailed notice. (dm, )
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Filing 5
NOTICE by George Tolbert (rp, )
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Filing 4
APPLICATION by Plaintiff George Tolbert for leave to proceed in forma pauperis (rp, )
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Filing 3
PRO SE Appearance by Plaintiff George Tolbert (rp, )
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Filing 2
CIVIL Cover Sheet (rp, )
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Filing 1
RECEIVED Complaint and no copies by George Tolbert (Exhibits) (rp, )
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CASE ASSIGNED to the Honorable Mary M. Rowland. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (rp, )
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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. (rp, )
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