Kleinberg v. Internal Revenue Service et al
| Monisha Kleinberg |
| Internal Revenue Service, Office of Inspector General, Department of Justice, U.S Privacy and Civil Liberties Oversight Board, Mundelein High School, Terrorist Screening Center and Federal Bureau of Investigation |
| 1:2023cv09863 |
| September 12, 2023 |
| US District Court for the Northern District of Illinois |
| Joan H Lefkow |
| Franklin U Valderrama |
| Racketeer/Corrupt Organization |
| 18 U.S.C. ยง 1962 Racketeering (RICO) Act |
| None |
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| Filing 8 MINUTE entry before the Honorable Franklin U. Valderrama: Plaintiff has submitted an in forma pauperis (IFP) application, which does not include Plaintiff's "Date(s) of last employment" or "Last monthly take-home pay" (or indicate "N/A" for these fields). R. #4 1. Also, importantly, Plaintiff avers that the only source of income Plaintiff has had in the last 12 months is a gift in the amount of $150. Id. Plaintiff states that she has received zero other income in the past twelve months and has zero asset, but debts, specifically "student loans from around 2016 in unknown amount under $10,000." Id. at 2. It is not clear how Plaintiff paid for basic living necessities, if she truly had no sources of money apart from a $150 gift. Plaintiff must provide accurate financial information for a full year, and if the responses on sources of money remain zero, then she must explain in writing on the application form itself how she obtained living necessities. "To qualify for IFP status, a plaintiff must fully disclose [his] financial condition, and [he] must do so truthfully under penalty of perjury." Effinger v. Monterrey Sec. Consultants, 546 F. Supp. 3d 715, 71718 (N.D. Ill. 2021) ("[C]ourts routinely infer an intent to deceive when the plaintiff offers excuses that are implausible or do not hold up on the record."); see Robie v. Thompson, No. 22-cv-06354, Dkt. 5 (N.D. Ill. Dec. 14, 2022) (declining to "accept the implausible claim that [Plaintiff] obtained the basic necessities of life during the portion of the past year when he was not in custody with no visible means of support. [Plaintiff] is placed on notice that the court gives pro se litigants wide latitude but will not overlook incorrect sworn information provided on forms designed to elicit basic financial information from unrepresented individuals."). For those reasons, Plaintiff's application to proceed IFP #4 is denied without prejudice with leave to refile. Plaintiff must fill out another form, answering every question, and if she received no income or money, she must explain in writing on the form how she provided for life's basic necessities. If Plaintiff does not file an amended IFP application on or before 11/27/2023, this case may be dismissed. Additionally, the Court dismisses Plaintiff's complaint for failure to state a claim under 28 U.S.C. 1915(e)(2)(B). According to the Court's CM/ECF system, Plaintiff has filed at least eight other lawsuits in this district since August 2023, including another case in front of this Court, Kleinberg v. US Federal Court et al., Case No. 23-cv-8115. In the instant case pending before this Court, Plaintiff complains of many things but the relief she requests appears to be investigation into and revocation of an alleged fraudulent power of attorney, compelling different responses to FOIA requests from Mundelein High School, government investigation into organized crimes using a "watchlist", money damages from Mundelein High School, and a permanent restraining order against June Herdle, Plaintiff's biological mother. R. 1, Compl. at 12-14. Much of the complaint is unintelligible, and the best the Court can discern, the requested relief primarily concerns matters of domestic or family relations. As currently drafted, these allegations do not state a claim under a federal cause of action. A different case filed in this Court and currently before District Court Judge Mary Rowland was dismissed for similar reasons. See Kleinberg v. United States Government, Case No. 23-cv-06055, Dkt. 5 (N.D. Ill. Sept. 21, 2023). To the extent Plaintiff is attempting to allege state law claims, Plaintiff fails to adequately allege diversity jurisdiction. If Plaintiff has a new meritorious claim, she may file an amended complaint on or before 11/27/2023, stating clearly whether she is seeking any relief in this federal court. If Plaintiff does not file an amended complaint (or amended IFP application) by the deadline, this case will be dismissed. The Court directs Plaintiff's attention to the U.S. District Court Hibbler Memorial Pro Se Assistance Program, information about which can be found at https://www.ilnd.uscourts.gov/Pages.aspx?/2+UWDbtVzCDq3Lu8BusuQ== or by calling 312-435-5691. Emailed notice (axc). |
| Filing 7 MINUTE entry before the Honorable Franklin U. Valderrama: On or before 11/27/2023 the parties shall file a joint initial status report. A template for the Joint Initial Status Report, setting forth the information required, may be found at http://www.ilnd.uscourts.gov/Judges.aspx by clicking on Judge Valderrama's name and then again on the link entitled 'Joint Initial Status Report. Plaintiff must serve this Minute Entry on all other parties. If the defendant(s) has not been served with process by that date, plaintiff's counsel is instructed to file an individual status report indicating the status of service of process by the same deadline. The parties are further ordered to review all of Judge Valderrama's standing orders and the information available on his webpage. Any nongovernmental corporate party that qualifies under the Rules is reminded of the requirement to file a disclosure statement under Federal Rule of Civil Procedure 7.1/N.D. Ill. Local Rule 3.2. Emailed notice (axc). |
| Filing 6 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Franklin U. Valderrama for all further proceedings. Honorable Joan H. Lefkow no longer assigned to the case. Signed by Executive Committee on 9/18/2023. (ags) |
| 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. (lw, ) |
| Filing 4 APPLICATION by Plaintiff Monisha Kleinberg for leave to proceed in forma pauperis. (lw, ) |
| Filing 3 PRO SE Appearance by Plaintiff Monisha Kleinberg. (lw, ) |
| Filing 2 CIVIL Cover Sheet. (lw, ) |
| Filing 1 RECEIVED Complaint and no copies by Monisha Kleinberg; Exhibits. (lw, ) |
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