Muhammad v. United States
| Kaba S. Muhammad |
| United States of America and United States |
| 1:2024cv01516 |
| February 23, 2024 |
| US District Court for the Northern District of Illinois |
| Thomas M Durkin |
| P.I.: Other |
| 28 U.S.C. ยง 1331 Federal Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 6, 2024. A more recent docket listing may be available from PACER.
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| Filing 5 ENTERED JUDGMENT on 3/6/2024. Mailed notice. (ecw, ) |
| Filing 4 MINUTE entry before the Honorable Thomas M. Durkin: Plaintiff alleges violations of the Federal Tort Claims Act based on his sentence being reduced in light of the Supreme Court's decision in Rehaif v. United States, 139 S. Ct. 2191 (2019). See Muhammad v. Entzel, 2020 WL 7346027 (C.D. Ill. Dec. 14, 2020) ("[A]s the Court has found that Muhammad's detention may no longer continue under what the Court has determined to be an illegal judgment, the Court finds that resentencing is necessary."). But claims under the Federal Tort Claims Act must first be "presented... to the appropriate Federal agency and... finally denied by the agency in writing." See 28 U.S.C. 2675(a). This is impossible here because the only potential defendants are the sentencing judge and the prosecutor, both of whom are immune. See Csoka v. U.S. Gov't, 94 F.3d 647 (7th Cir. 1996) (judicial immunity); Figueroa v. United States, 596 F. App'x 513, 515 (7th Cir. 2015) (prosecutorial immunity). Therefore, Plaintiff's claims are dismissed with prejudice, and this application to proceed in forma pauperis #3 is denied as moot. Mailed notice. (ecw, ) |
| 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. (emc, ) |
| CASE ASSIGNED to the Honorable Thomas M. Durkin. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (Civil Category 1). (emc, ) |
| Filing 3 APPLICATION by Plaintiff Kaba S. Muhammad for leave to proceed in forma pauperis (emc, ) |
| Filing 2 CIVIL Cover Sheet (emc, ) |
| Filing 1 RECEIVED Complaint and no copies by Kaba S. Muhammad (emc, ) |
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