Bishop v. Pritzker et al
| Madena Bishop |
| Jay Robert Pritzker, Mohammed A. Haq, Sara C. Phalen, Joseph Gutman, Donald Edward, Ramon Cepeda, The University of Illinois Health & Science System, Circuit Court of Cook County, Illinois, Grace Zieba and Michael Murphy |
| 1:2023cv13882 |
| September 19, 2023 |
| US District Court for the Northern District of Illinois |
| Thomas M Durkin |
| Robert W Gettleman |
| P.I.: Other |
| 28 U.S.C. § 1331 Federal Question |
| Plaintiff |
Docket Report
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| Filing 18 MINUTE entry before the Honorable Thomas M. Durkin: The Court has already entered an order #14 dismissing Plaintiff's Amended Complaint and terminating this action. For this reason, Plaintiff's Motion Pursuant to Local Rule 5.3 #16 is denied as moot. Status set for 11/2/2023 at 11:30 AM is stricken. Mailed notice. (kp, ) |
| Filing 15 ENTERED JUDGMENT. Mailed notice. (kp, ) |
| Filing 14 MINUTE entry before the Honorable Thomas M. Durkin: Plaintiff, acting pro se, filed an amended complaint alleging intentional infliction of emotional distress related to an alleged rape that occurred while she was a patient at the University of Illinois health system, as well as a related conspiracy involving the hospital and the police. The amended complaint fails to remedy the deficiencies described in this Court's order dismissing the initial complaint, see R. 10, and fails to state any cognizable claim. See Fontanez v. Time Warner Cable, 618 F. App'x 288 (7th Cir. 2015). The action is dismissed with prejudice and terminated. Mailed notice. (kp, ) |
| Filing 17 NOTICE of Motion by Madena Bishop for presentment of Motion Pursuant to LR53. Notice of Motion and Objections #16 before Honorable Thomas M. Durkin on 11/2/2023 at 11:30 AM. (jh, ) |
| Filing 16 MOTION by Plaintiff Madena Bishop Pursuant to LR53. Notice of Motion and Objections. (Exhibits) (jh, ) |
| Filing 13 AMENDED complaint by Madena Bishop against Ramon Cepeda, Donald Edward, Joseph Gutman, Mohammed A. Haq, Sara C. Phalen, Jay Robert Pritzker, The University of Illinois Health & Science System, Circuit Court of Cook County, Illinois, Grace Zieba, Michael Murphy (gcy, ) |
| SUMMONS Issued t original and 7 copies as to defendants as to Ramon Cepeda, Jay Robert Pritzker, Mohammed A. Haq, Sara C. Phalen, Donald Edward, Joseph Gutman, The University of Illinois Health & Science System to Plaintiff Madena Bishop. (gcy, ) |
| Filing 12 AFFIDAVITS Of Drone Sightings as to Madena Bishop. (Exhibits). (gcy, ) |
| Filing 10 MINUTE entry before the Honorable Thomas M. Durkin: Plaintiff, acting pro se, brings suit against Governor J.B. Pritzker, the University of Illinois Health and Science System, and the individual members of the Board of Trustees of the University of Illinois, alleging intentional infliction of emotional distress related to an alleged rape that occurred while she was a patient at the University of Illinois health system, as well as a related conspiracy involving the hospital, police, Uber, computer hackers, the Village of Country Club Hills, Comcast, the IRS and her former attorneys. 28 U.S.C. 1915(e)(2) requires the Court to screen Plaintiff's complaint and to dismiss the complaint if the Court determines the action 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." Courts reviewing complaints under 1915(e)(2) apply the same standard used for dismissals under Federal Rule of Civil Procedure 12(b)(6). Coleman v. Labor & Indus. Review Comm'n of Wis., 860 F.3d 461, 468 (7th Cir. 2017), cert. denied, 138 S. Ct. 739 (2018). To properly state a valid claim, the complaint must contain a "short and plain statement of the claim showing that the pleader is entitled to relief." Fed. R. Civ. P. 8(a)(2); see also Tamayo v. Blagojevich, 526 F.3d 1074, 1081 (7th Cir. 2008). Plaintiff here fails to state a claim upon which relief can be granted. She offers no factual support to her allegations that the Defendants are responsible for the actions of other third parties, including the police, computer hackers, or her attorneys, whose alleged actions comprise the majority of the complaint. To the extent Plaintiff is attempting to hold Defendants liable for the actions of alleged agents who perhaps were hospital employees, she does not adequately describe the agency relationship between those persons and Defendants. Further, the Governor and the individual members of the Board of Trustees are not employers for the purposes of respondeat superior liability, nor does Plaintiff allege they were personally involved in the wrongs that she describes. Burks v. Raemisch, 555 F.3d 592, 594 (7th Cir. 2009) ("Liability depends on each defendant's knowledge and actions, not on the knowledge or actions of persons they supervise."). Plaintiff fails to state a claim upon which relief can be granted, and her complaint is dismissed without prejudice. Plaintiff may file an amended complaint within 30 days if she can cure the defects identified in this order, after which time dismissal will be with prejudice. Plaintiff's motions to proceed in forma pauperis [ #4 , #5 ] and for attorney representation #6 are also therefore denied as moot. Mailed notice. (kp, ) |
| Filing 9 EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Thomas M. Durkin for all further proceedings. Honorable Robert W. Gettleman no longer assigned to the case pursuant to 28:294(b). Signed by Executive Committee on 09/22/2023. (daj, ) |
| MAILED copy of the Clerk's Notice entry along with the Joint Consent Form to Plaintiff Madena Bishop. (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. (jh, ) |
| Filing 6 MOTION by Plaintiff Madena Bishop for attorney representation. (jh, ) |
| Filing 5 APPLICATION by Plaintiff Madena Bishop for leave to proceed in forma pauperis. (jh, ) |
| Filing 4 APPLICATION by Plaintiff Madena Bishop for leave to proceed in forma pauperis. (jh, ) |
| Filing 3 PRO SE Appearance by Plaintiff Madena Bishop. (jh, ) |
| Filing 2 CIVIL Cover Sheet. (jh, ) |
| Filing 1 RECEIVED Complaint by Madena Bishop. (Exhibits) (jh, ) |
| CASE ASSIGNED to the Honorable Robert W. Gettleman. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. Case assignment: Random assignment. (jh, ) |
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