E.H. et al v. Illinois Department of Children and Family Services et al
| E.H., Amber Harper, Laivell Harper, Jr., Z.S. and Lamarr S. Springfield, Jr. |
| Illinois Department of Children and Family Services, Aleshia Hudson, Samantha Hagerman, Micayla Moeller, Brianna Bland, Cassidy Ferguson and Judge Francis Martinez |
| 3:2023cv50389 |
| October 30, 2023 |
| US District Court for the Northern District of Illinois |
| Philip G Reinhard |
| Margaret J Schneider |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 22, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 15 MOTION by Plaintiff Amber Harper for attorney representation. (jp, ) |
| Filing 14 APPLICATION by Plaintiff Amber Harper for leave to proceed in forma pauperis. (jp, ) |
| Filing 13 MINUTE entry before the Honorable Philip G. Reinhard: Plaintiff's application to proceed without prepaying fees #12 is denied without prejudice. While the application does indicate that Plaintiff receives government assistance for food, it does not fully explain Plaintiff's financial situation. Plaintiff has until 01/10/24 to refile her application explaining to the Court in greater detail how she is able to pay for the basic necessities of life such as housing and other expenses. Mailed notice. (rsj) |
| Filing 12 APPLICATION by Plaintiff Amber Harper for leave to proceed in forma pauperis (pg, ) |
| Filing 11 RECEIVED Amended Complaint and 0 copies by Amber Harper (pg, ) |
Filing 10
ORDER: For the reasons stated below, Harper's amended complaint #8 is dismissed without prejudice and her IFP application #9 is denied without prejudice as it is incomplete. Harper may file a new IFP application and a new amended complaint may be filed on or before December 8, 2023. [See STATEMENT] Signed by the Honorable Philip G. Reinhard on 11/7/2023. Mailed notice by Judicial Staff. (rsj)
|
| MAILED copy of Order dated 11/7/2023 to Amber Harper and Lamarr S. Springfield, Jr. (rsj) |
| Filing 9 APPLICATION by Plaintiff Amber Harper for leave to proceed in forma pauperis. Presented before District Judge (Attachments: #1 Exhibit)(vk) |
| Filing 8 RECEIVED AMENDED complaint by Amber Harper against All Defendants and terminating Z.S. (A Minor), E.H. (A Minor) and Laivell Harper, Jr. (vk) |
| Filing 7 MINUTE entry before the Honorable Philip G. Reinhard: This case was initiated by the filing of a complaint #1 by Amber Harper ("Amber"), pro se. The complaint's caption states that it is on behalf of E.H. and Z.S., minors by their parents, as next friends. Only Amber signed the complaint. Amber filed a pro se appearance and an application to proceed in forma pauperis ("IFP") #3 . However, the IFP application is incomplete. A pro se appearance and an IFP application #4 were also filed by Lamarr S. Springfield, Jr ("Springfield"), who is identified as the parent of Z.S. Springfield's IFP application is also incomplete. Laiveil Harper, Jr. ("Laiveil") is identified in the complaint as the parent of E.H. Laiveil has not entered an appearance and has not filed an IFP application. The IFP applications of Amber #3 and Springfield #4 are denied without prejudice because the applications are incomplete. They may file new IFP applications completing all of the required information-- including sources and amounts of money received from any source. Alternatively, someone can pay the filing fee. If they decide to proceed, they will be required to obtain counsel to litigate claims on behalf of their children. "Nonlawyers can't handle a case on behalf of anyone except themselves." Johnson v. City of Madison, No. 23-cv-441-wmc, 2023 WL 6276365, *2 (W.D. Wisc. Sept. 26, 2023). While Federal Rule of Civil Procedure 17(c)(2) allows a minor to sue by a next friend, "parents cannot litigate the claims of their children unless they obtain counsel." Id.; Elustria v. Mineo, 595 F.3d 699 (7th Cir. 2010). Therefore, (1) Amber cannot proceed pro se on behalf of E.H. and Z.S.; (2) Springfield cannot proceed pro se on behalf of Z.S.; and (3) Laiveil cannot proceed pro se on behalf of E.H. They must obtain a lawyer or lawyers if the wish to proceed as "next friend" to litigate the claims of their children. Amber and Springfield (and Laiveil if he chooses to enter an appearance) are given until December 8, 2023 to obtain counsel to litigate the claims of their children and to file new IFP applications or pay the filing fee. When counsel enters an appearance, the court will allow counsel time to file an amended complaint. Alternatively, Amber, Springfield, and/or Laiveil may elect not to pursue claims on behalf of their children and may file an amended complaint pursuing only their own claims and not their children's claims. Any such amended complaint shall be filed at the time the new IFP applications are filed or the filing fee paid. Mailed notice. (rsj) |
| Filing 6 PRO SE Appearance by Plaintiff Amber Harper (pg, ) |
| Filing 5 PRO SE Appearance by Plaintiff Lamarr S. Springfield, Jr. (pg, ) |
| Filing 4 APPLICATION by Plaintiff Lamarr S. Springfield, Jr. for leave to proceed in forma pauperis (pg, ) |
| MAILED Local Rule 83.16/Pro Se Appearance Form to Amber Harper. (jp, ) |
| Filing 3 APPLICATION by Plaintiff Amber Harper for leave to proceed in forma pauperis (pg, ) |
| Filing 2 CIVIL Cover Sheet (pg, ) |
| Filing 1 RECEIVED Complaint and 0 copies by Amber Harper (pg, ) |
| CASE ASSIGNED to the Honorable Philip G. Reinhard and Honorable Margaret J. Schneider. Designated as Magistrate Judge the Honorable Margaret J. Schneider. Case assignment: Random assignment.. (pg, ) |
| 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, ) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Illinois Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
