Simmons v. Chandler et al
| Marcel Simmons |
| Scott R. Chandler, Lima One Capital, LLC, Steven C. Lindberg, Diaz Anselmo Lindberg, LLC, Diaz Anselmo & Associates, LLC and Robert J. Deisinger |
| 1:2023cv04573 |
| July 14, 2023 |
| US District Court for the Northern District of Illinois |
| Nancy L Maldonado |
| Real Property: Foreclosure |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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| Filing 9 MINUTE entry before the Honorable Nancy L. Maldonado: The Court set an 8/22/2023 deadline for Simmons to file an amended complaint #6 but he has failed to do so, and has not filed any request for an extension of time. The case is therefore dismissed without prejudice. Civil case terminated. (ca, ) |
| Filing 8 MINUTE entry before the Honorable Nancy L. Maldonado: Plaintiff Simmons has filed a "Demand to Strike Defendant's 'Notice of Appearance' from the Record" #7 which is nearly identical to the complaint submitted on 7/14/23 #1 . The Court construes the Demand #7 as an amended complaint and dismisses it for the same reasons stated in the Court's order on 7/20/23 #5 . If Plaintiff Simmons believes he can allege facts that state a claim for relief that this federal court has authority to hear, he can file an amended complaint by August 22, 2023. (ca, ) |
| Filing 7 DEMAND by Plaintiff Marcel Simmons to strike Defendant's "Notice of Appearance" from the Record, a Corporation Cannot Represent Itself in Court. (jj, ) |
| Filing 5 MINUTE entry before the Honorable Nancy L. Maldonado: Plaintiff Simmons' application to proceed in forma pauperis #4 is granted. However, summons will not issue at this time and the complaint will not be docketed. Under 28 U.S.C. 1915(e)(2), the Court is required to screen the complaint of a plaintiff who is proceeding in forma pauperis, and the Court must dismiss their complaint if it determines that the complaint "is frivolous or malicious; fails to state a claim on which relief may be granted; or seeks monetary relief against a defendant who is immune from such relief." 28 U.S.C. 1915(e)(2)(B)(i)(iii). Upon review of Simmons' complaint #1 , the Court finds that it fails to state any plausible legal claim for relief. It appears from the complaint that Simmons is the defendant in an underlying mortgage foreclosure action pending in the Circuit Court of Cook County, and that Simmons is asking this federal court to strike the appearance of one of the attorneys for the plaintiff in the underlying action. Simmons suggests that he has brought claims against the law firm that represents the foreclosure plaintiff, and he argues that, because a corporation generally cannot represent itself in court, the law firm's attorneys can no longer appear in the foreclosure case on behalf of the firm (because, according to Simmons, they are agents of the law firm). Simmons asks this court to strike the attorney's appearances in Circuit Court and strike "all of the document's the attorney filed." But whether or not Simmons is correct that the attorney's appearance in the state case is improper, that does not give rise to any cause of action for this federal court to address. This United States District Court has no authority to interfere with or direct an ongoing state court foreclosure proceeding. If Simmons wishes to challenge the propriety of the attorney's appearance in the foreclosure action, he must do so in the Circuit Court of Cook County where the case is pending. To the extent Simmons is attempting to bring any other causes of action against the Defendants he has named in this suit, apart from asking the Court to strike the attorney appearance, the complaint does not contain any other facts from which the Court can discern any independent causes of action. Simmons does not allege any facts suggesting that any of the Defendants acted unlawfully, or that explain how Simmons was injured by any Defendants' conduct, other than his complaint that the attorney's appearance is improper, which again, is not a cognizable claim that this Court can address. The complaint #1 is therefore dismissed without prejudice for failure to state any claim for relief. If Simmons believes that he can allege facts that state a claim for relief that this federal court has authority to hear, he can file an amended complaint by August 22, 2023. If he should seek to amend his complaint, the Court cautions Simmons that this Court generally does not have authority to interfere in the state court foreclosure proceeding, or to overturn any judgments entered by the state court. (ca, ) |
| Filing 6 AFFIDAVIT of Marcel Jermaine Simmons. (jj, ) |
| 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. (jh, ) |
| Filing 4 APPLICATION by Plaintiff Marcel Simmons for leave to proceed in forma pauperis. (jh, ) |
| Filing 3 PRO SE Appearance by Plaintiff Marcel Simmons. (jh, ) |
| Filing 2 CIVIL Cover Sheet. (jh, ) |
| Filing 1 RECEIVED Complaint by Marcel Simmons. (Exhibits) (jh, ) |
| CASE ASSIGNED to the Honorable Nancy L. Maldonado. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (jh, ) |
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