Bey v. Curler
| Hannibal Mu Bey |
| Kate Curler |
| 1:2024cv00645 |
| January 24, 2024 |
| US District Court for the Northern District of Illinois |
| Franklin U Valderrama |
| P.I.: Assault Libel & Slander |
| 28 U.S.C. ยง 1331 Federal Question |
| None |
Docket Report
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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 para. 1. Additionally, the IFP application does not answer question two, whether Plaintiff is married and if so, whether his spouse is employed, or question 6, whether Plaintiff has any dependents. Id. paras. 2, 6. 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 $300 and "snap" benefits in an unknown quantity. Id. para. 3. Plaintiff states that he has received zero other income in the past twelve months and has zero asset, but has debts/financial obligations, specifically "medical bills." Id. paras. 4-5, 7. It is not clear how Plaintiff paid for basic living necessities, if he truly had no sources of money apart from a $300 gift and snap benefits in an unknown amount. Plaintiff must provide complete and accurate financial information for a full year, and if the responses on sources of money remain zero, then he must explain in writing on the application form itself how he 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 in forma pauperis #4 is denied without prejudice with leave to refile. Plaintiff must fill out another form, answering every question, and if he received no income or money, he must explain in writing on the form how he provided for life's basic necessities. If Plaintiff does not file an amended in forma pauperis application on or before 2/14/2024, this case may be dismissed. Emailed notice (axc). |
| Filing 7 MINUTE entry before the Honorable Franklin U. Valderrama: On or before 04/08/2024 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). |
| 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. (smb, ) |
| CASE ASSIGNED to the Honorable Franklin U. Valderrama. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (Civil Category 2). (smb, ) |
| Filing 5 MOTION by Plaintiff Hannibal Mu Bey for attorney representation (smb, ) |
| Filing 4 APPLICATION by Plaintiff Hannibal Mu Bey for leave to proceed in forma pauperis (smb, ) |
| Filing 3 PRO SE Appearance by Plaintiff Hannibal Mu Bey (smb, ) |
| Filing 2 CIVIL Cover Sheet (smb, ) |
| Filing 1 RECEIVED Complaint and No copies by Hannibal Mu Bey (Exhibits) (smb, ) |
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| Plaintiff: Hannibal Mu Bey | |
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| Defendant: Kate Curler | |
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