Walker v. Moore
| Demetris Walker |
| Michael Moore |
| 1:2022cv00249 |
| January 14, 2022 |
| US District Court for the Northern District of Illinois |
| Robert W Gettleman |
| Personal Property: Other |
| 28 U.S.C. ยง 1331 Federal Question |
| None |
Docket Report
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This docket was last retrieved on January 16, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 8 ENTERED JUDGMENT on 1/16/2022. Mailed notice (cn). |
Filing 7
ORDER: Plaintiff Demetris Walker has filed a pro se complaint against her neighbor, Michael Moore, for crashing his car into her garage door. Plaintiff has also filed an application for leave to proceed in forma pauperis ("IFP") [Doc. 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 to determine if there is a basis for exercising jurisdiction, 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 demonstrate a basis for subject matter jurisdiction. It appears that plaintiff and defendant both live in Illinois, so diversity jurisdiction is absent, and she has not alleged a claim under federal law. Consequently, the complaint is dismissed under 28 U.S.C. 1915(e)(2) for lack of subject matter jurisdiction. Plaintiff's motion to proceed IFP #3 is denied as moot. Civil case terminated. Signed by the Honorable Robert W. Gettleman on 1/16/2022. Mailed notice (cn).
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| Filing 4 PRO SE Appearance by Plaintiff Demetris Walker (kl, ) |
| Filing 3 APPLICATION by Plaintiff Demetris Walker for leave to proceed in forma pauperis (kl, ) |
| Filing 2 CIVIL Cover Sheet (kl, ) |
| Filing 1 RECEIVED Complaint and no copies by Demetris Walker (kl, ) |
| 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. (kl, ) |
| CASE ASSIGNED to the Honorable Robert W. Gettleman. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (kl, ) |
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| Plaintiff: Demetris Walker | |
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| Defendant: Michael Moore | |
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