Greene v. Angeles-IPA
| Cedric Greene |
| Angeles-IPA |
| 1:2024cv10263 |
| October 11, 2024 |
| US District Court for the Northern District of Illinois |
| Lindsay C Jenkins |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. ยง 1331 Federal Question |
| None |
Docket Report
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| Filing 13 MINUTE entry before the Honorable Lindsay C. Jenkins: Plaintiff's motion to proceed on appeal in forma pauperis 34 is granted. A federal litigant who cannot afford to pay court fees may proceed in forma pauperis without prepaying fees or paying certain expenses. See Coleman v. Tollefson, 575 U.S. 532, 534 (2015) (citing 28 U.S.C. 1915). Federal Rule of Appellate Procedure 24 sets forth the requirements for proceeding in forma pauperis on appeal. A party must attach an affidavit that: (1) shows that the party cannot pay the filing fee; (2) "claims an entitlement to redress;" and (3) "states the issues that the party intends to present on appeal." Fed. R. App. P. 24(a)(1). Greene submitted an affidavit of his finances and based on the Court's review, it finds that he is indigent because he lives primarily on public assistance. Even if financially eligible, "[a]n appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith." 28 U.S.C. 1915(a)(3); see also Fed. R. App. P. 24(a)(3)(A). A district court is under an obligation "not to apply an inappropriately high standard when making good faith determinations." Pate v. Stevens, 163 F.3d 437, 439 (7th Cir. 1998). An appeal taken in "good faith" is one that seeks review of any issue that is not frivolous, meaning that it involves "legal points arguable on their merits." Howard v. King, 707 F.2d 215, 219-20 (5th Cir. 1983) (quoting Anders v. California, 386 U.S. 738 (1967)); Walker v. O'Brien, 216 F.3d 626, 632 (7th Cir. 2000) (a party seeking leave to appeal must demonstrate to the district court that "a reasonable person could suppose that the appeal has some merit"); see also Lee v. Clinton, 209 F.3d 1025, 1026 (7th Cir. 2000). Plaintiff wishes to appeal the Court's determination that it lacks venue and personal jurisdiction over the case. Though a very close call, the motion is not taken in bad faith. Walker, 216 F.3d at 632. Mailed notice. (jlj, ) |
| Filing 12 MOTION by Plaintiff Cedric Greene for leave to appeal in forma pauperis. (Received via pro se email on 11/1/2024) (jh, ) |
| Filing 11 CIRCUIT Rule 3(b) Fee Notice. (jh, ) |
| Filing 10 ACKNOWLEDGMENT of receipt of short record on appeal regarding notice of appeal #7 ; USCA Case No. 24-2880. (jh, ) |
| Filing 9 TRANSMITTED to the 7th Circuit the short record on notice of appeal #7 . Notified counsel. (jh, ) |
| Filing 8 NOTICE of Appeal Due letter sent to counsel of record regarding notice of appeal #7 . (jh, ) |
| Filing 7 NOTICE of appeal by Cedric Greene regarding orders #6 , #5 . (Received via pro se email on 10/21/2024) (jh, ) |
| Filing 6 ENTERED JUDGMENT on 10/16/2024. Mailed notice. (jlj, ) |
| Filing 5 MINUTE entry before the Honorable Lindsay C. Jenkins:The Court has reviewed Plaintiff Cedric Greene's complaint #1 and it is legally frivolous in this district. The complaint is dismissed and as a result, the application to proceed without prepayment of fees #4 is denied.Cedric Greene, a Los Angeles, California resident, has filed or attempted to file suit removing a case pending before the Nevada Supreme Court he brought against Angeles-IPA. This court is not the proper venue for any such claim, and this court does not have personal jurisdiction over actions pending in the Nevada or before the Nevada Supreme Court. Plaintiff has a history of litigation conduct that caused other courts to impose filing restrictions on him. See e.g., In re Cedric Greene, 578 U.S. 974 (2016) ("As petitioner has repeatedly abused this Court's process, the Clerk is directed not to accept any further petitions in noncriminal matters from petitioner unless the docketing fee required by Rule 38(a) is paid and petition submitted in compliance with Rule 33.1."). It looks like the filing here is an attempt to circumvent restrictions elsewhere. Plaintiff is warned that frivolous filings may lead to restrictions in this court too. In any event, the court dismisses the complaint for lack of venue and personal jurisdiction, which means the dismissal is without prejudice. Enter judgment and terminate civil case. Mailed notice. (jlj, ) |
| 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 APPLICATION by Plaintiff Cedric Greene for leave to proceed in forma pauperis. (Received via pro se email on 10/11/2024) (jh, ) |
| Filing 3 PRO SE Appearance by Plaintiff Cedric Greene. (Received via pro se email on 10/11/2024) (jh, ) |
| Filing 2 CIVIL Cover Sheet. (Received via pro se email on 10/11/2024) (jh, ) |
| Filing 1 RECEIVED Complaint by Cedric Greene. (Exhibit) (Received via pro se email on 10/11/2024) (jh, ) |
| CASE ASSIGNED to the Honorable Lindsay C. Jenkins. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (Civil Category 2). (jh, ) |
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| Plaintiff: Cedric Greene | |
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| Defendant: Angeles-IPA | |
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