Acevedo v. Panarese
| Dominique C. Acevedo |
| Donald D. Panarese, Jr. |
| 1:2023cv01091 |
| February 15, 2023 |
| US District Court for the Northern District of Illinois |
| John Robert Blakey |
| Other Statutory Actions |
| 42 U.S.C. ยง 1981 Civil Rights |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 7 ENTERED JUDGMENT Mailed notice(gel, ) |
| Filing 6 MINUTE entry before the Honorable John Robert Blakey: On 2/24/23, this Court denied Plaintiff's IFP application and granted her leave to file a revised, complete IFP application by 3/10/23, see #5 . At that time, the Court advised Plaintiff that if she failed to comply, the Court would dismiss the case, id. Yet, to date, Plaintiff has not complied; nor had she otherwise communicated with the Court. Accordingly, and consistent with the Court's prior order #5 , the Court hereby dismisses this case. Civil case terminated. Mailed notice (gel, ) |
| Filing 5 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 $402 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's IFP application is incomplete as it lists no prior employment or dependent information and discloses no discernible means of support, see #3 . If she wishes to pursue this case, she must file a completed IFP application. Her current application #3 is denied. If Plaintiff fails to file a revised, complete IFP application by 3/10/23, 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. (daj, ) |
| Filing 4 PRO SE Appearance by Plaintiff Dominique C. Acevedo. (daj, ) |
| Filing 3 APPLICATION by Plaintiff Dominique C. Acevedo for leave to proceed in forma pauperis. (daj, ) |
| Filing 2 CIVIL Cover Sheet. (daj, ) |
| Filing 1 RECEIVED COMPLAINT filed by Dominique C. Acevedo. (daj, ) |
| CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (daj, ) |
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| Plaintiff: Dominique C. Acevedo | |
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| Defendant: Donald D. Panarese, Jr. | |
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