Arnold v. Fox et al
| Eugene Nathaniel Arnold, III |
| Kim Fox, Kwame Raoul, Office of the States Attorney, Thomas J. Dart and JB Pritzker |
| 1:2024cv09261 |
| September 30, 2024 |
| U.S. District Court for the Northern District of Illinois |
| John F Kness |
| Prisoner: Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
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| Document Text |
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| FORWARDED copy of order #10 dated 11/26/24 to the USCA. (ph, ) |
Filing 10
ORDER: By an order (Dkt. 4) dated October 15, 2024 (the "October 15 Order"), the Court denied Plaintiff's in forma pauperis (IFP) application without prejudice as incomplete. The Court directed Plaintiff either to prepay the $405 filing fee or submit a properly completed application by November 12, 2024 if he wanted to proceed with this case. Plaintiff did not do so. Plaintiff instead filed a notice of appeal (Dkt. 5). In this Court's view, the denial of Plaintiff's IFP application without prejudice was not a final, appealable order. See, e.g., Kersey v. Comm'r of Pats. & Trademarks, 353 F. App'x 432, 433 (Fed. Cir. 2009) (nonprecedential disposition) (although final denial of IFP application is appealable, denial without prejudice is not appealable final order). A notice of appeal challenging a nonappealable order ought not be viewed as divesting the district court of jurisdiction. See United States v. Cannon, 715 F.2d 1228, 1231 (7th Cir. 1983). Because Plaintiff has not complied with the filing-fee requirements, the Court dismisses this case without prejudice. See Dietz v. Bouldin, 579 U.S. 40, 47 (2016) ("district courts have the inherent authority to manage their dockets and courtrooms with a view toward the efficient and expedient resolution of cases"); Anderson v. Williamson, 748 F. App'x 710, 711 (7th Cir. 2019) (nonprecedential disposition) (dismissal without prejudice is appropriate disposition where plaintiff fails to satisfy the filing-fee requirements). If Plaintiff wants to move this case forward, he should reread the October 15 Order and comply with it. Because this order does not constitute a final judgment on the merits, the Court will not enter a separate final judgment order at this time. See Gleason v. Jansen, 888 F.3d 847, 852 (7th Cir. 2018) (dismissals without prejudice "are normally nonfinal for purposes of appellate jurisdiction under 28 U.S.C. 1291."). The Clerk is directed to send a copy of this order to Plaintiff and to the Clerk of the United States Court of Appeals for the Seventh Circuit. Civil case terminated. Signed by the Honorable John F. Kness on 11/26/2024. Mailed notice. (sxh, )
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| Filing 9 PLRA Fee Notice and Order (daj, ) |
| Filing 8 ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal #5 ; USCA Case No. 24-2965. (daj, ) |
| Filing 7 TRANSMITTED to the 7th Circuit the short record on notice of appeal #5 . Notified counsel (daj, ) |
| Filing 6 NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal #5 . (daj, ) |
| Filing 5 NOTICE of appeal by Eugene Nathaniel Arnold, III regarding order #4 . (Exhibits, Envelope postmarked 10/26/2024) (Received by mail in the Clerk's Office on 10/29/2024.) (daj, ) |
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Filing 4
ORDER: Plaintiff's application (Dkt. 3) for leave to proceed in forma pauperis is denied without prejudice as incomplete. Plaintiff must either (1) pre-pay the full $405 filing fee, or (2) submit a renewed application to proceed in forma pauperis that complies with the instructions in the Statement section below. Failure to comply with this order on or before November 12, 2024 may result in the summary dismissal of this case. Screening of Plaintiff's complaint (Dkt. 1) is deferreduntil after Plaintiff's fee status has been resolved. The Clerk of Court is directed to send Plaintiff a blank application for leave to proceed in forma pauperis along with a copy of this order. See accompanying Statement for details. Signed by the Honorable John F. Kness on 10/15/2024: Mailed notice (daj, )
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| MAILED copy of order #4 , blank application to proceed in forma pauperis to Eugene Nathaniel Arnold III. (daj, ) |
| MAILED copy of the Clerk's Notice entry along with the Joint Consent Form to Eugene Nathaniel Arnold, III. (aee, ) |
| Filing 3 APPLICATION by Plaintiff Eugene Nathaniel Arnold, III for leave to proceed in forma pauperis. (Received by mail in the Clerk's Office on 09/30/24) (aee, ) |
| Filing 2 PRISONER CIVIL Cover Sheet. (Received by mail in the Clerk's Office on 09/30/24) (aee, ) |
| Filing 1 RECEIVED Complaint and no copies by Eugene Nathaniel Arnold, III. (Envelope not postmarked) (Received by mail in the Clerk's Office on 09/30/24) (aee, ) |
| CASE ASSIGNED to the Honorable John F. Kness. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Random assignment. (Civil Category 3). (aee, ) |
| 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. (aee, ) |
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