Cruz v. Capital Fitness, Inc. et al
| Jerico Matias Cruz |
| Capital Fitness, Inc., CFI Series, LLC, Kelly Cartwright, Capital Fitness-Chicago Elston/CFI Series, LLC, Xsport Fitness and XSport Fitness and XSport Gym & Tan |
| 1:2023cv00010 |
| December 30, 2022 |
| US District Court for the Northern District of Illinois |
| Manish S Shah |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Federal Question |
| Plaintiff |
Docket Report
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| Filing 17 MINUTE entry before the Honorable Manish S. Shah: Plaintiff's motion to vacate the denial of his motion for reconsideration #15 is denied. The court did not make a legal error in setting a prepayment amount for plaintiff's filing fee. The court made a discretionary judgment about plaintiff's finances and wherewithal to make a payment and the motion does not establish a manifest error in that decision. The court will grant plaintiff an extension of time to make the $100 payment. If plaintiff does not pay the reduced filing fee by 3/14/23, the case will be dismissed without prejudice for failure to pay the filing fee. Notices mailed. (psm, ) |
| Filing 16 NOTICE of Motion by Jerico Matias Cruz for presentment of motion to vacate #15 before Honorable Manish S. Shah on 2/28/2023 at 09:45 AM. (Cruz, Jerico) |
| Filing 15 MOTION by Plaintiff Jerico Matias Cruz to vacate the denial of reconsideration to proceed in forma pauperis entered on February 6, 2023 (Cruz, Jerico) |
| Filing 14 MINUTE entry before the Honorable Manish S. Shah: The motion to reconsider #12 is denied. The court understands that plaintiff has limited means currently, and has incurred litigation costs due to the number of lawsuits and appeals plaintiff has filed, but the court nevertheless concludes that a $100 prepayment is an appropriate prepayment for plaintiff. Plaintiff's representations to date suggest that he is capable of being employed and earning income. Plaintiff is further advised that "every litigant has a legal responsibility to pay the filing and docketing fees to the extent feasible. All that permission to proceed in forma pauperis has ever meant is that the fees need not be pre-paid." Longbehn v. United States, 169 F.3d 1082, 1083 (7th Cir. 1999). "Section 1915 allows, but does not compel, courts to permit destitute plaintiffs to proceed without prepayment of fees." Campbell v. Clarke, 481 F.3d 967, 969 (7th Cir. 2007). No appearance on the motion is necessary. Plaintiff's fee and amended complaint remain due 2/23/23. Notices mailed. (psm, ) |
| Filing 13 NOTICE of Motion by Jerico Matias Cruz for presentment of motion to vacate #12 before Honorable Manish S. Shah on 2/24/2023 at 09:45 AM. (Cruz, Jerico) |
| Filing 12 MOTION by Plaintiff Jerico Matias Cruz to vacate the denial in part of the application or motion for leave to proceed in forma pauperis entered on February 2, 2023 (Cruz, Jerico) |
| Filing 11 MINUTE entry before the Honorable Manish S. Shah: The motion to reconsider the denial of in forma pauperis status #9 is granted in part, denied in part. Plaintiff's motion clarifies that he may have more liabilities than suggested by his original application. Although the federal poverty guidelines are one consideration, they are not the sole factor when deciding whether a plaintiff is unable to pay filing fees. Here, plaintiff has some assets, and disclosed cash on hand sufficient to pay the filing fee. But the court is now convinced that plaintiff is unable to pay the full filing fee immediately in light of other obligations, and adjusts the filing fee to $100. Plaintiff must pay $100 and file an amended complaint that states a federal claim by 2/23/23. No appearance on 2/22/23 is necessary. Notices mailed. (psm, ) |
| Filing 10 NOTICE of Motion by Jerico Matias Cruz for presentment of motion to vacate #9 before Honorable Manish S. Shah on 2/22/2023 at 09:45 AM. (Cruz, Jerico) |
| Filing 9 MOTION by Plaintiff Jerico Matias Cruz to vacate the denial of the application or motion for leave to proceed in forma pauperis (Cruz, Jerico) |
Filing 8
ORDER: Plaintiff's application to proceed without prepayment of fees #4 is denied. The complaint is dismissed without prejudice. To proceed with this case, plaintiff must pay the $402 filing fee and submit an amended complaint that states a federal claim for relief by February 23, 2023. If the filing fee is not paid and no amended complaint is filed, this case will be closed for failure to pay the filing fee. Signed by the Honorable Manish S. Shah on 1/26/2023. Mailed notice (aee, )
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| Filing 7 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Manish S. Shah for all further proceedings pursuant to 28:294(b). Honorable Robert W. Gettleman no longer assigned to the case. Signed by Executive Committee on 1/3/23. (aee, ) |
| Filing 4 APPLICATION by Plaintiff Jerico Matias Cruz for leave to proceed in forma pauperis (Exhibits). (aee, ) |
| Filing 3 PRO SE Appearance by Plaintiff Jerico Matias Cruz. (aee, ) |
| Filing 2 CIVIL Cover Sheet. (aee, ) |
| Filing 1 RECEIVED Complaint and no copies by Jerico Matias Cruz (Exhibits). (aee, ) |
| 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. (aee, ) |
| CASE ASSIGNED to the Honorable Robert W. Gettleman. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (aee, ) |
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