McElroy v. Advocate Aurora Health Care et al
| Dora McElroy |
| Advocate Aurora Health Care, Dr. Flood, Dr. Leong, First Step Foot Care and Dr. Wilz |
| 3:2020cv50003 |
| January 3, 2020 |
| US District Court for the Northern District of Illinois |
| Lisa A Jensen |
| Philip G Reinhard |
| Civil Rights: Other |
| 42 U.S.C. ยง 1981 |
| None |
Docket Report
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| Filing 7 ENTERED JUDGMENT Signed by the Deputy Clerk for Honorable Philip G. Reinhard on 2/4/2020:(pg, ) |
Filing 6
ORDER: Plaintiff was given until January 31, 2020 to file an amended complaint meeting the requirements for pleading diversity of citizenship jurisdiction and advised this case would be dismissed for lack of subject matter jurisdiction if no such amended complaint was filed by that date. No amended complaint has been filed. This case is dismissed for lack of subject matter jurisdiction. Case terminated. Signed by the Honorable Philip G. Reinhard on 2/4/2020: mailed notice (pg, )
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Filing 5
ORDER: Plaintiff, Dora McElroy, pro se, brings this action against, defendants Advocate Aurora Health Care, First Step Foot Care, Dr. Flood, Dr. Wilz, and Dr. Leong. The complaint is submitted on a form provided by the United States District Court for the Northern District of Illinois, Eastern Division. The form is a form "Complaint for Violation of Constitutional Rights" and, as such, pre- printed portions of the form assert plaintiff's claim is for civil rights violations under 42 USC 1983, 1985 and 1986 and that subject matter jurisdiction is pursuant to 28 U.S.C. 1343 and 1367. However, the factual allegations of the complaint relate to medical care provided by private individuals or entities. No constitutional violation is alleged. The factual allegations do not support federal question jurisdiction and no other basis for subject matter jurisdiction is alleged. As filed, the case is subject to dismissal for lack of subject matter jurisdiction. The court notes, however, that the complaint lists plaintiff's mailing address as being in Michigan. If plaintiff was domiciled in Michigan when she filed this case, and if none of the defendants was a citizen of Michigan at that time, plaintiff may be able to establish subject matter jurisdiction in this court under the diversity jurisdiction statute. 28 U.S.C. 1332(a)(1). To establish diversity jurisdiction, plaintiff must file an amended complaint, alleging her state of citizenship, that is, her domicile. "[E]stablishing domicile in a particular state requires physical presence while intending to remain there." Sheneman v. Jones, 682 Fed. App'x 498, 499 (7th Cir. 2017), citing Mississippi Band of Choctaw Indians v. Holyfield, 490 U.S. 30, 48 (1989). She also must allege the domicile of each of the individual doctors she names as defendants. As to Advocate Aurora Health, Inc. and First Step Foot Care, P.C. she must allege the state of incorporation and principal place of business of each of these corporations. Additionally, she must allege the amount of her claim which must meet the jurisdictional amount set by 28 U.S.C. 1332(a).Plaintiff shall file any amended complaint on or before January 31, 2020 or this case will be dismissed for lack of subject matter jurisdiction. Of course, plaintiff is free to foregoing amending the complaint and to proceed instead in state court if she wishes. Plaintiff's application to proceed in forma pauperis #3 is held in abeyance pending the filing of an amended complaint. Signed by the Honorable Philip G. Reinhard on 1/7/2020: notice mailed by Judicial Staff (pg, )
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| Filing 4 PRO SE Appearance by Plaintiff Dora McElroy (pg, ) |
| Filing 3 APPLICATION by Plaintiff Dora McElroy for leave to proceed in forma pauperis (pg, ) |
| Filing 2 CIVIL Cover Sheet (pg, ) |
| Filing 1 RECEIVED Complaint and 0 copies by Dora McElroy (pg, ) |
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