Taylor v. Northshore Evanston Hospital et al
| Verdia Taylor |
| Northshore Evanston Hospital, Dr. Wong and All medical staff & agents involved w/this matter |
| 1:2023cv01515 |
| March 10, 2023 |
| US District Court for the Northern District of Illinois |
| John J Tharp |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. ยง 1331 Federal Question |
| None |
Docket Report
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This docket was last retrieved on May 17, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 8 JUDGMENT Order Signed by the Honorable John J. Tharp, Jr on 5/17/2023. Mailed notice(air, ) |
| Filing 7 MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff having failed to submit both an amended application to proceed in forma pauperis and an amended complaint as previously directed #6 , this case is dismissed without prejudice (notwithstanding the prior order's statement that a dismissal would be with prejudice. The plaintiff cannot refile this case in federal court but is not barred by this order from proceeding through a different court system, such as the state or municipal courts. Enter Judgment Order. Civil case terminated. Mailed notice (air, ) |
| Filing 6 MINUTE entry before the Honorable John J. Tharp, Jr: The plaintiff's application for leave to proceed in forma pauperis #3 is denied without prejudice. The application states that the plaintiff has zero assets and has had no income for the past 12 months other than $780/month in social security and disability benefits, while owing $455/month for "storage fees" and phone bill. There is no explanation as to how the plaintiff is able to subsist on a regular basis (food, shelter, utilities) based on this income and lack of assets, calling the form's accuracy and completeness into doubt. 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 concerning medical malpractice. 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 complaint is therefore dismissed without prejudice 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 4/3/23, this case will be dismissed with prejudice. The plaintiff is free, however, to attempt to resolve this claim through a different court system, such as the state or municipal courts. (ca, ) |
| MAILED copy of the Clerk's Notice entry along with the Joint Consent Form to Plaintiff. (jg, ) |
| 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. (jg, ) |
| Filing 4 PRO SE Appearance by Plaintiff Verdia Taylor (jg, ) |
| Filing 3 APPLICATION by Plaintiff Verdia Taylor for leave to proceed in forma pauperis (jg, ) |
| Filing 2 CIVIL Cover Sheet (jg, ) |
| Filing 1 RECEIVED COMPLAINT and 0 copies by Verdia Taylor (jg, ) |
| CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (jg, ) |
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