Bivens v. United States of America
| Michael Lee Bivens |
| UNITED STATES OF AMERICA |
| 1:2023cv11005 |
| September 13, 2023 |
| US District Court for the Northern District of Illinois |
| Matthew F Kennelly |
| P.I.: Other |
| 28 U.S.C. ยง 1391 Personal Injury |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 23, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 7 ENTERED JUDGMENT. Mailed notice. (mma, ) |
| Filing 6 MINUTE entry before the Honorable Matthew F. Kennelly: Plaintiff Michael Bivens filed a lawsuit in state court against a federal government agency (the US Copyright Office). The government removed the case to federal court under 28 USC 1442 and then filed a motion to dismiss. The Court ordered plaintiff to respond to the motion to dismiss by 10/13/2023. Plaintiff did not do so and did not seek an extension of time. The Court dismisses the case without prejudice for lack of subject matter jurisdiction. Federal jurisdiction in this situation depends on whether the state court (where plaintiff filed the case) had jurisdiction. See e.g. Minnesota v. United States; 305 U.S. 382 (1939). The state court lacked jurisdiction because under the Federal Tort Claims Act a lawsuit of this type against a federal government agency may be filed only in federal court in the first instance. If plaintiff wishes to sue the Copyright Office he must initiate his lawsuit in federal court. The Court expresses no view regarding the merits of any such future claim. For the reasons stated the Court directs the Clerk to enter judgment as follows: The case is dismissed without prejudice for lack of jurisdiction. Civil case terminated. Mailed notice. (mma, ) |
| Filing 5 MINUTE entry before the Honorable Matthew F. Kennelly: Defendant has filed a motion to dismiss plaintiff's complaint. Plaintiff is directed to file a written response to the motion by no later than 10/13/2023. Defendant is directed to file a reply to the response by 10/17/2023. Mailed notice. (mma, ) |
| Filing 4 MOTION by Defendant UNITED STATES OF AMERICA to dismiss for lack of jurisdiction (Claus, Michael) |
| 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. (nsf, ) |
| CASE ASSIGNED to the Honorable Matthew F. Kennelly. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (nsf, ) |
| Filing 3 DESIGNATION of Michael D. Claus as U.S. Attorney for Defendant UNITED STATES OF AMERICA (Claus, Michael) |
| Filing 2 CIVIL Cover Sheet (Claus, Michael) |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County, Illinois, case number (20231109097) filed by UNITED STATES OF AMERICA (Claus, Michael) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Bivens v. United States of America | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: Michael Lee Bivens | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: UNITED STATES OF AMERICA | |
| Represented By: | Michael D. Claus |
| Represented By: | AUSA - Chicago |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
