Crawford v. Capital One Bank
| Matthew Crawford |
| Capital One Bank |
| 1:2022cv01129 |
| March 3, 2022 |
| US District Court for the Northern District of Illinois |
| Martha M Pacold |
| Civil Rights: Other |
| 28 U.S.C. ยง 1332 Diversity-Other Contract |
| None |
Docket Report
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| Document Text |
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| Filing 9 ENTERED JUDGMENT. Mailed notice. (ym, ) |
| Filing 8 MINUTE entry before the Honorable Martha M. Pacold: On 3/18/22, this court granted plaintiff's application to proceed IFP and screened his complaint pursuant to 28 U.S.C. 1915(e)(2)(B). The court dismissed plaintiff's complaint without prejudice because his minimal allegations that he was denied a debit card because he did not have a valid, non-expired state ID did not state a claim for relief that was plausible on its face. Plaintiff has now submitted an amended complaint #7 containing the same allegations regarding Capital One's requirement that he have a valid, non-expired state ID to get a debit card, containing new allegations related to Capital One's ATMs, and alleging that he did not receive his monthly social security check because of discrimination by Capital One. Plaintiff also lists nine other lawsuits that he has filed in this district this year. Plaintiff's amended complaint does not identify the issues identified in this court's prior order. #6 . Plaintiff is apparently frustrated with Capital One's requirement that he have a valid, non-expired state ID in order to obtain a debit card and that he has issues with defendant's ATMs. But these allegations do not plausibly give rise to a cause of action. Accordingly, plaintiff's amended complaint #7 is dismissed with prejudice. Final judgment will enter. Civil case terminated. Mailed notice. (ym, ) |
| Filing 7 AMENDED complaint by Matthew Crawford against Capital One Bank. (gcy, ) |
Filing 6
ORDER: Plaintiff's application to proceed in forma pauperis 4 is granted. Additionally, the court has screened plaintiff's complaint pursuant to 28 U.S.C. 1915(e)(2)(B). Under 28 U.S.C. 1915(e)(2)(B), "the court shall dismiss the case at any time if the court determines that... the action... (i) is frivolous or malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary relief against a defendant who is immune from such relief." 1915(e)(2)(B). Plaintiff cannot proceed on his current complaint because it fails to state a claim on which relief could be granted. Federal Rule of Civil Procedure 8(a) requires "a short and plain statement of the claim showing that the pleader is entitled to relief." Put differently, the facts written in a complaint 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 enough facts, 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 acted unlawfully." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). Plaintiff's complaint does not satisfy this standard. Plaintiff's complaint alleges that defendant refused to issue a copy of a debit card. Although it is unclear, it appears that plaintiff was denied a debit card because he did not have a valid (not expired) state ID. These minimal allegations do not state a claim for relief that is plausible on its face. The complaint is dismissed without prejudice. Plaintiff will be given an opportunity to amend his complaint. Plaintiff must submit an amended complaint by 4/7/2022. Failure to submit an amended complaint by this date may result in the court dismissing this case for want of prosecution. The Clerk of Court is directed to mail a copy of this order to plaintiff. Signed by the Honorable Martha M. Pacold on 3/18/2022. mailed notice(kl, )
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| MAILED a copy of the Court's 3/18/22 order to Plaintiff Matthew Crawford (kl, ) |
| Filing 5 PRO SE Appearance by Plaintiff Matthew Crawford (kl, ) |
| Filing 3 APPLICATION by Plaintiff Matthew Crawford for leave to proceed in forma pauperis (kl, ) |
| Filing 2 CIVIL Cover Sheet (kl, ) |
| Filing 1 RECEIVED Complaint and no copies by Matthew Crawford (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 Martha M. Pacold. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (kl, ) |
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| Plaintiff: Matthew Crawford | |
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| Defendant: Capital One Bank | |
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