Johnson v. Flannery
| Richard Johnson |
| Barry Flannery |
| 3:2021cv50421 |
| November 4, 2021 |
| US District Court for the Northern District of Illinois |
| Iain D Johnston |
| Margaret J Schneider |
| Civil Rights: Other |
| 42 U.S.C. ยง 405 |
| Both |
Docket Report
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This docket was last retrieved on January 11, 2022. A more recent docket listing may be available from PACER.
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Filing 15
MINUTE entry before the Honorable Iain D. Johnston: Plaintiff Richard Johnson has failed to amend his complaint by the December 10, 2021, deadline. So far, Johnson has filed motions to amend his complaint, but he has failed to actually amend his complaint. Furthermore, the details he has stated in those motion are not enough to put anyone on notice regarding the claim he brings. The Court extends the deadline to January 21, 2022, but that deadline is final. By that date, Johnson must amend his complaint to allege enough facts to plausibly state a claim. To be clear, Johnson should not file a motion to amend. He does not need permission to amend the complaint. The Court is expressly ordering him to do so. If he declines to amend, the Court will dismiss this action with prejudice for failure to prosecute. Fed. R. Civ. P. 41(b). Mailed notice (jp, )
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Filing 14
MINUTE entry before the Honorable Iain D. Johnston: Plaintiff Richard Johnson has again filed a motion to amend his complaint. The Court strikes that motion #13 . Johnson does not need to file a motion to amend his complaint. A motion asks the Court to do something. But the Court has already told Johnson that he is allowed to file an amended complaint. Indeed the Court has set a deadline for him to do so. That deadline is December 10, 2021. It remains in effect. By that date, Johnson must file an amended complaint, not a motion to amend his complaint. He should know how to do this because he already filed one to begin this case. Dkt. 1. If he needs assistance, the Court refers him to its "Information for People without Lawyers" webpage. https://www.ilnd.uscourts.gov/Pages.aspx?/2+UWDbtVzCDq3Lu8BusuQ==. Mailed notice (yxp, )
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Filing 13
MOTION by Plaintiff Richard Johnson to amend received complaint #1 (pg, )
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Filing 12
MINUTE entry before the Honorable Iain D. Johnston: Plaintiff Richard Johnson has filed a motion to amend his complaint. But the Court already granted him leave to amend his complaint and gave him until December 10, 2021, to do so. Thus, the Court strikes his motion as moot #11 . Though Johnson made references to racial statements made by his landlord in his motion, he must file an amended complaint that includes allegations sufficient to plausibly state a claim under the Fair Housing Act. Allegations like the ones made in the stricken motion do not meet that burden. If Johnson believes his landlord discriminated against him in violation of the Fair Housing Act, then he must plead facts that make that claim plausible. If Johnson's claims are based on Illinois landlord-tenant law, he must file that suit in state court. Mailed notice (yxp, )
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Filing 11
MOTION by Plaintiff Richard Johnson to amend complaint #1 (pg, )
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Filing 10
MINUTE entry before the Honorable Iain D. Johnston: On November 5, 2021, the Court dismissed Plaintiff Richard Johnson's complaint and gave him until December 3, 2021, to amend. Though Johnson cites the Fair Housing Act, he does not claim discrimination. Rather, he asserts violations of local landlord-tenant law and housing codes. Though Johnson has filed an amended complaint, he has not corrected the errors the Court outlined in its order. Dkt. 3. Johnson's failure to change any allegations in his amended complaint does not appear to be made in bad faith, however. He explains that he doesn't understand what the defect in his complaint is. Dkt. 9. For clarity, the Court notes that local state law issues cannot be filed in federal court without a basis for federal jurisdiction. The Court states no opinion on whether Johnson's claim has merit. The Court's only point is that without a basis for asserting federal jurisdiction, Johnson must file his landlord-tenant claims in the appropriate state court. Though Johnson cites a federal statute, his allegations do not invoke that statute, or any other federal law. The Court grants Johnson's motion to amend his complaint again #9 . By December 10, 2021, Johnson must amend his complaint to assert federal jurisdiction or stipulate to dismissal so that he can refile this action in the appropriate state court. Mailed notice (yxp, )
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Filing 9
MOTION by Plaintiff Richard Johnson to amend complaint #1 (pg, )
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Filing 8
MINUTE entry before the Honorable Margaret J. Schneider: The Court strikes Plaintiff's motion to amend complaint #7 as duplicative of the motion filed on 11/09/21 #4 and stricken on 11/10/21 #5 . Mailed notice. (jxk)
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Filing 7
MOTION by Plaintiff Richard Johnson to Amend the Complaint. (jp, )
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Filing 6
AMENDED complaint by Richard Johnson. (jxk)
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Filing 5
MINUTE entry before the Honorable Margaret J. Schneider: Plaintiff's Motion to Amend the Complaint #4 , is stricken as unnecessary because the Court already granted Plaintiff leave to amend the complaint #3 . The Clerk is directed to file the amended complaint as a separate docket entry. Mailed notice. (jxk)
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Filing 4
MOTION by Plaintiff Richard Johnson to Amend the Complaint (Attachments: #1 Amended Complaint) (jp, )
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Filing 3
ORDER; The Court grants Plaintiff Richard Johnson's request to proceed in forma pauperis #2 , as he has submitted a sufficient showing of indigency. The Court dismisses his complaint without prejudice. If he chooses to amend, he must do so by December 3, 2021. If he declines the opportunity to amend, the Court will dismiss this action for want of prosecution under Federal Rule of Civil Procedure 41(b). See the attached Order for details. Signed by the Honorable Iain D. Johnston on 11/5/2021: Mailed notice (yxp, )
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Filing 2
APPLICATION by Plaintiff Richard Johnson for leave to proceed in forma pauperis (pg, )
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Filing 1
RECEIVED Complaint and 0 copies by Richard Johnson (pg, )
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| Plaintiff: Richard Johnson | |
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| Defendant: Barry Flannery | |
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