Rudolph-Kimble v. City Chicago Police Department
| Brandon Rudolph-Kimble |
| City Chicago Police Department |
| 1:2022cv02312 |
| May 3, 2022 |
| US District Court for the Northern District of Illinois |
| John Robert Blakey |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 Federal Question |
| None |
Docket Report
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| Document Text |
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| Filing 10 ENTERED JUDGMENT Mailed notice(gel, ) |
| Filing 9 MINUTE entry before the Honorable John Robert Blakey: On 5/11/22, this Court dismissed Plaintiff's claim on initial review, but granted him leave to amend if he could allege facts to state a claim that is not time-barred. See #8 . At that time, the Court warned Plaintiff that if he failed to submit an amended complaint by 6/7/22, it would dismiss this case. Yet, to date, Plaintiff has failed to submit an amended complaint; nor has he otherwise communicated with the Court. Accordingly, consistent with its prior order, the Court hereby dismisses this case. Plaintiff's application for leave to proceed in forma pauperis #4 and his motion for attorney representation #5 are denied. Civil case terminated. Mailed notice (gel, ) |
| Filing 8 MINUTE entry before the Honorable John Robert Blakey: The federal in forma pauperis statute, 28 U.S.C. 1915, is designed to ensure 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 make two determinations: first, the Court must determine that the litigant is unable to pay the $400 filing fee; and, second, 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(a), (e). The first determination is made through a review of the litigant's assets as stated in an affidavit submitted to the Court. The second is made by looking to the plaintiff's allegations. An action is frivolous if it is clear that the legal theory or the facts alleged are baseless or irrational. Neitzke, 490 U.S. at 324; Denton v. Hernandez, 504 U.S. 25, 31 (1992). Here, Plaintiff seeks to assert claims under 42 U.S.C. 1983 for alleged constitutional violations that occurred on 1/7/20 in Chicago. But because a two-year statute of limitations applies to such claims, e.g., Wallace v. Kato, 549 U.S. 384, 397 (2007); Lewis v. City of Chicago, 914 F.3d 472, 478 (7th Cir. 2019), Plaintiff's claims come four months too late. If Plaintiff can allege facts to state a claim that is not time-barred, he may submit an amended complaint by 6/7/22. If he fails to do so, the Court will dismiss this case. Mailed notice (gel, ) |
| 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. (cxr, ) |
| Filing 5 MOTION by Plaintiff Brandon Rudolph-Kimble for attorney representation (cxr, ) |
| Filing 4 APPLICATION by Plaintiff Brandon Rudolph-Kimble for leave to proceed in forma pauperis (cxr, ) |
| Filing 3 PRO SE Appearance by Plaintiff Brandon Rudolph-Kimble (cxr, ) |
| Filing 2 CIVIL Cover Sheet (cxr, ) |
| Filing 1 RECEIVED Complaint and no copies by Brandon Rudolph-Kimble (cxr, ) |
| CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Jeffrey Cummings. Case assignment: Random assignment. (cxr, ) |
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| Plaintiff: Brandon Rudolph-Kimble | |
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| Defendant: City Chicago Police Department | |
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