Leach v. UAW Local 1268 Region 4/FCA Fiat Chrysler Automotives
| James Leach |
| UAW Local 1268 Region 4/FCA Fiat Chrysler Automotives |
| 3:2022cv50004 |
| January 5, 2022 |
| US District Court for the Northern District of Illinois |
| Iain D Johnston |
| Margaret J Schneider |
| Civil Rights: Jobs |
| 42 U.S.C. ยง 2003 Job Discrimination |
| Plaintiff |
Docket Report
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Filing 12
MINUTE entry before the Honorable Iain D. Johnston: Plaintiff James Leach's motion for reconsideration of his original application to proceed in forma pauperis #10 is stricken as moot. The Court already granted in part his amended application. His deadline to pay the partial filing fee of $200 and to amend his complaint to sufficiently state a claim in accordance with this Court's order remains March 11, 2022. See dkt. 11. If he fails to amend his complaint and pay the partial fee by that date, the Court will dismiss this case with prejudice. Mailed notice (yxp, )
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Filing 11
MINUTE entry before the Honorable Iain D. Johnston: On review of Plaintiff James Leach's amended application to proceed in forma pauperis #9 , the Court grants his motion in part. Leach's filing fee is reduced to $200. He must pay that fee by March 11, 2022, to proceed with this action. In any action in which the plaintiff proceeds in forma pauperis, however, the Court has an obligation to screen for, among other things, frivolity and failures to state a claim. 28 U.S.C. 1915(e)(2)(B). Having reviewed Leach's complaint, the Court notes that he is attempting to sue a private business for purported constitutional violations. Though he makes passing reference to a purported breach of his union agreement and a hostile work environment, he alleges that his claim arises under the Fifth and Fourteenth Amendments. Dkt. 1, at 7. But the Constitution does not regulate private entities. Plaintiffs bringing constitutional claims against private actors must be able to allege that those individuals acted in concert with government officials sufficient to create a nexus between that private action and state action. Alarm Detection Sys. v. Vill. of Schaumburg, 930 F.3d 812, 825 (7th Cir. 2019). Because Leach does not allege any state action, his complaint fails to state a plausible claim under the Fifth and Fourteenth Amendments. Furthermore, the Court notes that the Fifth Amendment applies only to action done by the federal government, as opposed to state government officials. Barron v. Baltimore, 32 U.S. 243, 247-48 (1833). If Leach chooses to pay the partial filing fee and continue with this case, he must also amend his complaint by March 11, 2022, to state a plausible claim (either a constitutional claim or any other contract or employment discrimination claim he may have and under which this Court has federal jurisdiction). If Leach declines to pay the partial filing fee, or declines to amend his complaint by the deadline, this action will be dismissed with prejudice for want of prosecution under Federal Rule of Civil Procedure 41(b). If he needs assistance litigating this action pro se, the Court directs him to the "Representing Yourself" website. https://www.ilnd.uscourts.gov/OnlineForms.aspx?/qYVnglgEnsP0UIGZRbKuyo9G0K5AoRrKzSKr0iA5CFYkpOIso0U1A==. Mailed notice (yxp, )
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Filing 10
MOTION by Plaintiff James Leach for reconsideration regarding order on motion for leave to proceed in forma pauperis,,, order on motion for attorney representation, #6 (pg, )
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Filing 9
APPLICATION by Plaintiff James Leach for leave to proceed in forma pauperis (pg, ) (Additional attachment(s) added on 1/27/2022: #1 Check Stub) (pg, ).
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Filing 8
MINUTE entry before the Honorable Iain D. Johnston: On January 6, 2022, the Court denied Plaintiff James Leach's application to proceed in forma pauperis (IFP). That denial, however, was without prejudice, and was based on Leach's failure to include his income from his new job. Dkt. 6. To date, Leach has not paid the filing fee or failed an amended application to proceed IFP. Thus, by February 4, 2022, Leach must file an amended IFP application or pay the filing fee. If he fails to do either, the Court will dismiss this action for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). Mailed notice (yxp, )
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Filing 7
Exhibit To Complaint by James Leach (pg, )
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Filing 6
MINUTE entry before the Honorable Iain D. Johnston: Plaintiff James Leach brings this employment discrimination action pro se and has filed a motion to proceed in forma pauperis, so that he is not required to pay the Court's filing fee. Dkt. 3. His application notes that he has just started a new job. But his application fails to include his income from that new position. Thus, the Court denies Leach's motions to proceed in forma pauperis #3 and for attorney representation #4 without prejudice to refile the motions with all required information. The Court informs Plaintiff that the Fifth and Fourteenth Amendments do not apply to private parties like his employer. Mailed notice (yxp, )
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Filing 5
PRO SE Appearance by Plaintiff James Leach (pg, )
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Filing 4
MOTION by Plaintiff James Leach for attorney representation (pg, )
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Filing 3
APPLICATION by Plaintiff James Leach for leave to proceed in forma pauperis (pg, )
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Filing 2
CIVIL Cover Sheet (pg, )
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Filing 1
RECEIVED Complaint and 0 copies by James Leach (pg, )
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MAILED Clerks Notice along with the Joint Consent Form to Plaintiff James Leach. (jp, )
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CASE ASSIGNED to the Honorable Iain D. Johnston and Honorable Margaret J. Schneider. Designated as Magistrate Judge the Honorable Margaret J. Schneider. Case assignment: Random assignment. (pg, )
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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. (pg, )
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| Defendant: UAW Local 1268 Region 4/FCA Fiat Chrysler Automotives | |
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