Montes v. Hasemeyer
| Francisco Montes, Jr. |
| Kevin Hasemeyer |
| 1:2022cv02443 |
| May 9, 2022 |
| U.S. District Court for the Northern District of Illinois |
| John J Tharp |
| Other Fraud |
| 28 U.S.C. ยง 1331 Federal Question |
| None |
Docket Report
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| Filing 21 MINUTE entry before the Honorable John J. Tharp, Jr: The plaintiff has notified the Courtroom Deputy that the notice of motion he recently filed #20 was intended to be a request for a hearing. That request is denied, as the plaintiff has appealed the Court's dismissal of this case; the filing of a notice of appeal divests this Court of jurisdiction to address aspects of the case that are implicated in the appeal. Griggs v. Provident Consumer Disc. Co., 459 U.S. 56, 58 (1982) ("The filing of a notice of appeal is an event of jurisdictional significanceit confers jurisdiction on the court of appeals and divests the district court of its control over those aspects of the case involved in the appeal."). If the plaintiff seeks a hearing on an issue unrelated to the judgment entered in this case, he must file a motion identifying the relief he is requesting so that the Court may assess whether it has jurisdiction to act on the request for relief. Mailed notice (air, ) |
| Filing 20 Notice by Francisco Montes, Jr (gcy, ) |
| Filing 19 ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal #16 ; USCA Case No. 22-2158. (gcy, ) |
| Filing 18 TRANSMITTED to the 7th Circuit the short record on notice of appeal #16 . Notified counsel (gcy, ) |
| Filing 17 NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal #16 (gcy, ) |
| Filing 16 NOTICE of appeal by Francisco Montes, Jr regarding orders #12 , #13 . (gcy, ) |
| Filing 15 MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion for reconsideration #14 is denied, as it does not articulate any basis for reconsideration of the court's dismissal of the complaint. Mailed notice (air, ) |
| Filing 14 MOTION by Plaintiff Francisco Montes, Jr for reconsideration. (daj, ) |
| Filing 13 ENTERED JUDGMENT Signed by the Honorable John J. Tharp, Jr on 5/31/2022. Mailed notice(air, ) |
| Filing 12 MINUTE entry before the Honorable John J. Tharp, Jr:The original complaint in this case #1 was dismissed without prejudice for lack of subject matter jurisdiction and failure to comply with Rule 8(a). Plaintiff has now filed an amended complaint #11 which arguably comports with Rule 8(a)(2)'s requirement of a "short and plain statement of the claim, but it again fails to allege a basis of federal subject matter jurisdiction despite the Court's order at #8 instructing the plaintiff to include such a statement. The plaintiff alleges a dispute over a rental unit; such disputes are governed by state law, not federal law, and thus must ordinarily be heard in state court. Moreover, the plaintiff has not alleged that the parties are citizens of diverse states, or that the amount in controversy exceeds $75,000 (Plaintiff includes a demand for damages in the amount of $267,840 but fails to allege any facts supporting that demand) such that this Court has jurisdiction pursuant to 28 U.S.C. 1332. The complaint is accordingly dismissed without prejudice to reassertion of the claims in a court of competent jurisdiction. Given that Plaintiff has failed to address the Court's jurisdiction despite the Court's prior order, this case is also dismissed (i.e., the case cannot be refiled in federal court). If Plaintiff seeks to pursue his claim, he must do so in a state court that can exercise jurisdiction over the claim. Judgment will enter separately for the defendant. Civil case terminated. Mailed notice (air, ) |
| Filing 11 AMENDED complaint by Francisco Montes, Jr against Kevin Hasemeyer. (gcy, ) |
| Filing 10 NOTICE and Consent to Exercise of Jurisdiction by a United States Magistrate Judge by Francisco Montes, Jr (gcy, ) |
| Filing 9 REQUEST for change of information by Francisco Montes, Jr (gcy, ) |
Filing 8
ORDER: The plaintiff's application to proceed in forma pauperis #3 is granted. Montes may proceed without paying the filing fee. However, after screening the complaint pursuant to 28 U.S.C. 1915(e), the court dismisses it without prejudice for failure to state a claim and, alternatively, for lack of subject matter jurisdiction. Summons shall not issue. Federal Rule of Civil Procedure 8(a) requires that the complaint contain "a short plain statement of the claim showing that the pleader is entitled to relief." The unintelligible complaint appears to allege a dispute involving a property rental, but beyond that, the Court cannot discern the nature of plaintiff's grievance nor the relief he seeks from this Court. See Davis v. Ruby Foods, Inc., 269 F.3d 818, 820 (7th Cir. 2001) (stating that an unintelligible complaint "fails to give the defendant the notice to which he is entitled."). Moreover, the Court does not have jurisdiction over matters involving property lawwhich involve state law and must normally be heard in state courtunless the circumstances described in 28 U.S.C. 1332 are present (the parties are citizens of different states and the amount in controversy is greater than $75,000). Montes has not alleged that the Court has diversity jurisdiction, or any other basis for federal jurisdiction. The plaintiff may file an amended complaint by 6/10/22. Failure to do so will result in summary dismissal of this case. The amended complaint must "contain sufficient factual matter, accepted as true, to state a claim that is plausible on its face." Ashcroft v. Iqbal, 556 U.S. 662, 677-78 (2009). It must also contain a brief statement explaining the basis for this Court's subject matter jurisdiction. Plaintiff's motion for appointed counsel #4 is denied without prejudice and may be renewed if the plaintiff files an amended complaint that satisfies these conditions. Signed by the Honorable John J. Tharp, Jr on May 11, 2022. Mailed notice (ph, )
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| MAILED copy of the Clerk's Notice entry along with the Joint Consent Form to Plaintiff Francisco Montes, Jr. (ph, ) |
| 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. (ph, ) |
| Filing 5 PRO SE Appearance by Plaintiff Francisco Montes, Jr. (ph, ) |
| Filing 4 MOTION by Plaintiff Francisco Montes, Jr for attorney representation. (Attachments) (ph, ) |
| Filing 3 APPLICATION by Plaintiff Francisco Montes, Jr for leave to proceed in forma pauperis. (Exhibits) (ph, ) |
| Filing 2 CIVIL Cover Sheet. (ph, ) |
| Filing 1 RECEIVED Complaint and no copies by Francisco Montes, Jr. (ph, ) |
| CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (ph, ) |
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| Plaintiff: Francisco Montes, Jr. | |
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| Defendant: Kevin Hasemeyer | |
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