Swain v. Maurakis et al
Plaintiff: Tyler Jerome Swain
Defendant: Theodore G Maurakis, Abdul Odwuh and All City Hip Hop
Case Number: 1:2023cv00019
Filed: January 3, 2023
Court: US District Court for the Northern District of Illinois
Presiding Judge: Steven C Seeger
Nature of Suit: P.I.: Assault Libel & Slander
Cause of Action: 28 U.S.C. ยง 1331 Fed. Question: Tort Action
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 9, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 9, 2023 Filing 10 MINUTE entry before the Honorable Steven C. Seeger: The Court took a look at the complaint in this new case. The complaint alleges that Plaintiff went into a store, All City Hip Hop, to buy cigarettes. When someone from the store told him that he could not bring a service dog into the business, Plaintiff told the clerk that the store is selling cigarettes illegally. At that point, the clerk called him a faggot and threw a boot at him, which hit him in the head. Even accepting those allegations as true, it is not clear that this Court has subject matter jurisdiction. The complaint alleges that Defendants "conspired together to violate one or more of plaintiff's civil rights." But the Constitution applies to state actors, and nothing in the complaint suggests that Defendants are state actors. The complaint does not seem to allege any discernible violation of a constitutional right, either. An insult is not a constitutional violation, and neither is a battery. So, the complaint does not appear to allege a constitutional violation, which means that there is no federal question jurisdiction (there is no alleged violation of a federal statute, either). The complaint does not provide a basis for diversity jurisdiction, either, because there is nothing about the citizenship of the parties or the amount in controversy. In sum, based on this Court's preliminary review, it does not appear that this Court has subject matter jurisdiction. The Court grants Plaintiff leave to file an amended complaint by January 26, 2023. A failure to comply will lead to dismissal. Mailed notice (jjr, )
January 9, 2023 Filing 9 MINUTE entry before the Honorable Steven C. Seeger: The Court reviewed Plaintiff's application to proceed in forma pauperis. (Dckt. No. #4 ) The application says that Plaintiff has no job, and has not received any income in the last 12 months. It says that Social Security was taken away in 2019. The application also says that Plaintiff has no assets, but does have debts for rent, gas, electric, a cell phone, etc. Given those facts, it is not clear to this Court how, exactly, Plaintiff has been able to support himself and continue to live. By January 26, 2023, Plaintiff must file a supplement and explain how he has afforded to live. A failure to comply will lead to denial of the application. Mailed notice (jjr, )
January 5, 2023 Filing 8 MINUTE entry before the Honorable Steven C. Seeger: An initial status report is due by March 21, 2023. Counsel must read the Standing Order entitled "Initial Status Conferences and Joint Initial Status Reports" on the Court's website. The parties must confer as required by Rule 26(f) about the nature, scope, and duration of discovery. The parties must submit two documents to the Court. First, the parties must file the Joint Initial Status Report under Rule 26(f) on the docket. A Word version of the Joint Initial Status Report is available on the Court's website. All parties must participate in the preparation and filing of the Joint Initial Status Report. The Court requires a joint report, so a filing by one side or the other is not sufficient. Second, the parties must email a Word version of a proposed Scheduling Order under Rule 16(b) to the Court's proposed order inbox. Lead counsel for the parties must participate in filing the initial status report. Plaintiff must serve this Order on all other parties. If the defendant has not been served with process, plaintiff's counsel must contact the Courtroom Deputy at jessica_j_ramos@ilnd.uscourts.gov to reschedule the initial status report deadline. Plaintiff should not file the Joint Initial Status Report before the defendant(s) has been served with process. The parties must discuss settlement in good faith and make a serious attempt to resolve this case amicably. All counsel of record must read and comply with this Court's Standing Orders on its webpage. Please pay special attention to the Standing Orders about Depositions and Discovery. Mailed notice. (jjr, )
January 5, 2023 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, )
January 5, 2023 MAILED copy of the Clerk's Notice entry along with the Joint Consent Form to Plaintiff Tyler Jerome Swain. (ph, )
January 3, 2023 Filing 5 MOTION by Plaintiff Tyler Jerome Swain for attorney representation. (ph, )
January 3, 2023 Filing 4 APPLICATION by Plaintiff Tyler Jerome Swain for leave to proceed in forma pauperis. (ph, )
January 3, 2023 Filing 3 PRO SE Appearance by Plaintiff Tyler Jerome Swain. (ph, )
January 3, 2023 Filing 2 CIVIL Cover Sheet. (ph, )
January 3, 2023 Filing 1 RECEIVED Complaint and no copies by Tyler Jerome Swain. (ph, )
January 3, 2023 CASE ASSIGNED to the Honorable Steven C. Seeger. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (ph, )

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Plaintiff: Tyler Jerome Swain
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Defendant: Theodore G Maurakis
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Defendant: Abdul Odwuh
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Defendant: All City Hip Hop
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