Dupage County Circuit Courthouse, et al v. Bey
| Amiya Willis Bey |
| Brett Nelson, State of Illinois and Dupage County Circuit Courthouse |
| 1:2024cv08404 |
| September 13, 2024 |
| U.S. District Court for the Northern District of Illinois |
| Georgia N Alexakis |
| Constitutional - State Statute |
| 28 U.S.C. ยง 1441 Petition for Removal |
| None |
Docket Report
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This docket was last retrieved on October 18, 2024. A more recent docket listing may be available from PACER.
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| Filing 6 MINUTE entry before the Honorable Georgia N Alexakis: The complaint in this matter identifies Amiya Willis Bey as the defendant and DuPage County Circuit Courthouse, Brett Nelson, and the State of Illinois as the plaintiffs. The Court has reviewed the complaint, however, and based on the allegations, concludes that these are misnomers. The Clerk is therefore directed to correct the docket so that Amiya Willis Bey is identified as the plaintiff and that DuPage County Circuit Courthouse, Brett Nelson, and the State of Illinois are identified as the defendants. The Clerk is further directed to send a copy of this order to plaintiff Amiya Willis Bey. (ca, ) |
| MAILED a blank IFP application form along with Minute Entry dated 10/15/2024 #5 and Minute Entry dated 10/18/2024 #6 to the Plaintiff. (jh, ) |
| Filing 7 JURISDICTION by Amiya Willis Bey. (Received at the Intake Counter on 10/16/2024) (evw, ) |
| Filing 5 MINUTE entry before the Honorable Georgia N Alexakis: Before the Court is plaintiffs motion to proceed in forma pauperis (IFP). #3 . The federal IFP statute allows a litigant to pursue a case in federal court without paying fees and costs, provided that the litigant submits an affidavit which asserts an inability to pay, 28 U.S.C. 1915(a)(1), and as long as the action is not frivolous or malicious, states a claim upon which relief may be granted, and does not seek monetary relief from a defendant who is immune from such relief. 1915(e)(2)(B). To qualify for IFP status, a plaintiff must fully disclose her financial condition, and she must do so truthfully under penalty of perjury. Effinger v. Monterrey Sec. Consultants, 546 F. Supp. 3d 715, 717 (N.D. Ill. 2021) (citing 28 U.S.C. 1915(a)(1)). In order to proceed in forma pauperis, a plaintiffs income must be at or near the poverty level. Barnes v. Reynolds, 2021 WL 4945191, at *2 (N.D. Ill. Feb. 1, 2021) (cleaned up). Plaintiff here has refused to disclose her financial condition. #3 , #4 . The Court is therefore unable to adjudicate her motion to proceed IFP. The Court will allow plaintiff to file an amended IFP application or pay the full filing fee in this case by 11/12/24. If plaintiff fails to do so, this case may be summarily dismissed. The Clerk is directed to send a copy of this order and a blank IFP application to plaintiff. (ca, ) |
| 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 4 AFFIDAVIT by Amiya Willis Bey. (Received at the Intake Counter on 9/13/2024) (jh, ) |
| Filing 3 APPLICATION by Defendant Amiya Willis Bey for leave to proceed in forma pauperis. (Received at the Intake Counter on 9/13/2024) (jh, ) |
| Filing 2 CIVIL Cover Sheet. (Received at the Intake Counter on 9/13/2024) (jh, ) |
| Filing 1 RECEIVED NOTICE of Removal filed by Amiya Willis Bey. (Exhibits) (Received at the Intake Counter on 9/13/2024) (jh, ) |
| CASE ASSIGNED to the Honorable Georgia N Alexakis. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (Civil Category 2). (jh, ) |
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