Brasfield v. Goss et al
| Debra Brasfield |
| Shunte Goss and April Senter |
| 1:2023cv04343 |
| July 6, 2023 |
| US District Court for the Northern District of Illinois |
| Nancy L Maldonado |
| Constitutional - State Statute |
| 28 U.S.C. ยง 1331 Federal Question: Other Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 25, 2023. A more recent docket listing may be available from PACER.
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| Filing 10 MINUTE entry before the Honorable Nancy L. Maldonado: The Court is in receipt of a document captioned by Plaintiff Brasfield as an "Emergency" Amended Complaint #9 . The document does not appear to be a true amended complaint, but rather a request that the Court proceed with ruling on Brasfield's request for IFP and for an attorney, and direct that summons be issued. Although the document was apparently filed with the Clerk's office on 8/22/2023, it was not entered onto the docket and therefore reviewed by this Court until 8/24/2023, after the Court had already issued an order on Brasfield's application for IFP, request for an attorney, and screening the Complaint. #8 . The request in the emergency amended complaint #9 has therefore been mooted. The Court refers Brasfield to the Court's 8/24/2023 Order, which granted Brasfield's application for IFP, but determined that Brasfield has failed to state any claim for relief that can be addressed by this court. Summons will therefore not yet issue. Brasfield should carefully review the Court's order and, if she believes she can file a complaint that remedies the issues discussed by the Court, she may file an amended complaint. The Court notes that any amended complaint must stand on its own, without reference to any prior filings. Brasfield has until 9/25/2023 to file any amended complaint. As noted in the prior order, Brasfield's request for attorney representation is denied without prejudice at this time. (ca, ) |
Filing 8
ORDER: Plaintiff Debra Brasfield filed a form pro se Complaint alleging that defendants Shunte Goss and April Senter conspired together to violate Brasfield's civil rights (Dkt. 1.) Brasfield has also filed an application for leave to proceed in forma pauperis (Dkt. 3) and a motion for attorney representation. (Dkt. 4.) For the reasons discussed in this Order, Brasfield's application for leave to proceed in forma pauperis (Dkt. 4) is granted. Upon screening Brasfield's Complaint, however, the Court finds that it fails to state a claim for relief that can be granted by this Court. In short, the Court finds that Brasfield has failed to allege any facts showing that Defendants violated her constitutional rights. Further, to the extent that Brasfield is asking this federal court to review decisions made by the state court, or decisions made by a state-court appointed guardian ad litem, this federal district court lacks the authority to do so. Instead, any review of state court decisions or decisions by the court-appointed guardian must be sought in the state court. If Brasfield intends to bring independent claims against Defendants, she must allege sufficient facts demonstrating how she contends they acted unlawfully or how they deprived her of her constitutional rights. Brasfield is given leave to file an amended complaint by September 25, 2023. Before filing an amended complaint, Brasfield should carefully review this order to ensure she is remedying the deficiencies outlined herein. Finally, Brasfield's motion for attorney representation is denied without prejudice. If Brasfield files an amended complaint, she may renew her request for attorney representation. Signed by the Honorable Nancy L. Maldonado on 8/24/2023. [For further details see order]. (ca, )
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| Filing 9 AMENDED Complaint by Debra Brasfield (Emergency) (jh, ) |
| 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, ) |
| CASE ASSIGNED to the Honorable Nancy L. Maldonado. Designated as Magistrate Judge the Honorable Heather K. McShain. Case assignment: Random assignment. (jg, ) |
| Filing 5 PRO SE Appearance by Plaintiff Debra Brasfield (jg, ) |
| Filing 4 MOTION by Plaintiff Debra Brasfield for attorney representation (jg, ) |
| Filing 3 APPLICATION by Plaintiff Debra Brasfield for leave to proceed in forma pauperis (jg, ) |
| Filing 2 CIVIL Cover Sheet (jg, ) |
| Filing 1 RECEIVED COMPLAINT by Debra Brasfield; Jury Demand. (Exhibits) (jg, ) |
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