Barnes v. Uber Driver
| Howard Barnes |
| Uber Driver |
| 1:2023cv00946 |
| February 15, 2023 |
| US District Court for the Northern District of Illinois |
| John J Tharp |
| P.I.: Assault Libel & Slander |
| 28 U.S.C. ยง 1331 Federal Question |
| Plaintiff |
Docket Report
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| Document Text |
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Filing 6
ORDER: The plaintiff's application for leave to proceed in forma pauperis #3 is denied without prejudice. The application states that the plaintiff has had no income for the past 12 months, which doesn't explain how he has been able to survive. All the answers are either "zero" or "D.N.A." Clearly, the form has not been filled out accurately or completely. It also appears that, even if the filing fee issue is resolved, the complaint fails to invoke the Court's subject matter jurisdiction and must be amended for this case to proceed. Federal courts are courts of limited jurisdiction, which means that they can only hear certain kinds of cases. Typically, cases in federal court concern issues of federal law (federal question jurisdiction) or are among citizens of different states for amounts over $75,000 (diversity jurisdiction). A plaintiff's complaint needs to demonstrate that the dispute is one of the kinds of cases that federal courts can hear. Otherwise, the court must dismiss it. The complaint in this case indicates that the plaintiff has a dispute about a hit and run by a rideshare driver. The Court does not have jurisdiction over this kind of dispute; there is no issue of federal law raised and no basis for diversity or any other form of jurisdiction alleged. The motion for attorney representation #4 is denied due to lack of jurisdiction, though it can be reasserted if the plaintiff successfully applies for leave to proceed in forma pauperis (or pays the filing fee) and files an amended complaint that successfully invokes this Court's jurisdiction. If the plaintiff is unable to file an amended application to proceed in forma pauperis and an amended complaint by 3/10/23, this case will be dismissed with prejudice. He is free, however, to attempt to resolve his claim through a different court system, such as the state or municipal courts. Signed by the Honorable John J. Tharp, Jr on 2/17/2023. Mailed notice. (ak, )
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| 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, ) |
| Filing 5 PRO SE Appearance by Plaintiff Howard Barnes (kl, ) |
| Filing 4 MOTION by Plaintiff Howard Barnes for attorney representation (kl, ) |
| Filing 3 APPLICATION by Plaintiff Howard Barnes for leave to proceed in forma pauperis (kl, ) |
| Filing 2 CIVIL Cover Sheet (kl, ) |
| Filing 1 RECEIVED Complaint and no copies by Howard Barnes. (kl, ) |
| CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Sheila Finnegan. Case assignment: Random assignment. (kl, ) |
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| Plaintiff: Howard Barnes | |
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