Applewhite v. Eagalson et al
| Jermaine Applewhite |
| Theresa Eagalson, Richard Falen, Kecia Williamson and Judy hogan Dougherty |
| 1:2023cv03342 |
| May 25, 2023 |
| US District Court for the Northern District of Illinois |
| Matthew F Kennelly |
| Racketeer/Corrupt Organization |
| 18 U.S.C. ยง 241 Conspiracy Against Citizen Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 12, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 9 ENTERED JUDGMENT. Mailed notice. (mma, ) |
| Filing 8 MINUTE entry before the Honorable Matthew F. Kennelly: Jermaine Applewhite has filed a pro se complaint along with a motion to proceed in forma pauperis. The Court grants that motion #4 because it does not appear that Mr. Applewhite can afford to pay the filing fee. The Court has reviewed Mr. Applewhite's complaint under 28 USC 1915(e)(2) to determine if it is frivolous or fails to state a claim upon which relief may be granted. Mr. Applewhite's complaint ultimately challenges an order of child support entered by state court Judge Daniel Degnan. Mr. Applewhite is critical of the conduct of personnel of a state government agency and the defendants he sues are identified as employees of that agency. But the relief he seeks is to "terminate that court order" -- specifically the child support order that he ultimately challenges. However under the so-called Rooker-Feldman doctrine a federal court lacks jurisdiction to consider such a challenge. Specifically the Rooker-Feldman doctrine precludes a federal court from deciding a case "brought by [a] state-court loser[ ] complaining of injuries caused by [a] state-court judgment[ ] rendered before the district court proceedings commenced and inviting district court review and rejection of [that] judgment[ ]." Andrade v. City of Hammond; 4 F.4th 947 at 949 (7th Cir. 2021) (citation omitted). That is exactly what is at issue here. If Mr. Applewhite wanted to challenge the state court order he needed to appeal to the state appellate court. The Court therefore directs the Clerk to enter judgment dismissing this case for lack of subject matter jurisdiction. The telephonic status hearing set for 7/17/2023 is vacated. Civil case terminated. Mailed notice. (mma, ) |
| Filing 7 JOINT STATUS Report by Jermaine Applewhite. (aee, ) |
| Filing 6 MINUTE entry before the Honorable Matthew F. Kennelly: By no later than 7/10/2023, the parties (or, if no defendant has yet appeared, the plaintiff(s)) are to file a joint status report that includes the following information: (1) the status of service of process upon each defendant; (2) a description of each party's claims and defenses; (3) details regarding any discussions concerning settlement, whether before or after the filing of the lawsuit; (4) a proposed discovery and pretrial schedule; and (5) any other matters that any party wishes to bring to the Court's attention. The case is set for a case management conference under Federal Rule of Civil Procedure 16 on 7/17/2023 at 8:55 a.m. The case management conference will be conducted by telephone, using the following call-in number: 888-684-8852, access code 746-1053. Plaintiff's counsel is directed to provide a copy of this order to any defendant that has not yet appeared by counsel via regular mail at the address at which the defendant has been or is to be served with process. (mk) |
| 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. (exr, ) |
| Filing 4 APPLICATION by Plaintiff Jermaine Applewhite for leave to proceed in forma pauperis (exr, ) |
| Filing 3 PRO SE Appearance by Plaintiff Jermaine Applewhite (exr, ) |
| Filing 2 CIVIL Cover Sheet (exr, ) |
| Filing 1 RECEIVED Complaint and no copies by Jermaine Applewhite (exr, ) |
| CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (exr, ) |
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