Cowper v. Flynn, Andrew Tetzlaff & Associates
| DeAngelo Cowper |
| Flynn, Andrew, Tetzlaff & Associates |
| 3:2018cv01488 |
| August 13, 2018 |
| US District Court for the Southern District of Illinois |
| East St. Louis Office |
| Lawrence |
| Michael J Reagan |
| Stephen C Williams |
| Contract: Other |
| 28 U.S.C. ยง 1330 |
| Plaintiff |
Docket Report
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Filing 8
ORDER DISMISSING CASE: On September 11, 2018, Plaintiff DeAngelo Cowper filed a motion to dismiss (Doc. #7 ) in which indicates that he intends to dismiss this action and potentially re-file it in state court. Rule 41(a)(1)(A) permits dismissal without a court order by two methods: (i) the plaintiff files a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment; or (ii) the plaintiff files a stipulation of dismissal signed by all parties who have appeared. In the instant case, Defendant has not answered or filed a motion for summary judgment, and the Court interprets Cowper's motion as a notice of dismissal. Given the procedural posture of the case, the Court need take no further action. The stipulation effected the dismissal of this suit, without prejudice. See National Inspection & Repairs, Inc. v. George S. May Intern. Co., 600 F.3d 878, 883 (7th Cir. 2010) ("Claims dismissed pursuant to Rule 41(a)(1) are complete on the dismissal without any action by the district judge."); Szabo Food Service, Inc. v. Canteen Corp., 823 F.2d 1073, 1078 (7th Cir. 1987)(a Rule 41(a)(1)(i) dismissal terminates the case "all by itself"), cert. denied, 485 U.S. 901 (1988). The Clerk's Office shall close this case. Signed by Chief Judge Michael J. Reagan on 9/13/2018. (rah)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 7 MOTION to Dismiss by DeAngelo Cowper. Responses due by 10/15/2018 (tkm) |
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Filing 6
ORDER: Plaintiff DeAngelo Cowper, incarcerated by the State of Illinois in Lawrence Correctional Center, filed suit in this federal district court using a form for "Federal Tort Claims Act" lawsuits. His complaint, however, does not allege any claim under the FTCA or under any federal statute or cause of action. As best the Court can discern, Cowper appears to be attempting to sue an attorney and law firm that represented him in a state court civil action for legal malpractice. Despite using the phrase "ineffective assistance of counsel," the complaint does not seek to vacate or set aside a federal sentence so as to fall within 28 U.S.C. 2255. Before the undersigned conducts a threshold review of Cowper's complaint under 28 U.S.C. 1915A or considers his motions for recruitment of counsel and to proceed in forma pauperis, Cowper must state a basis for federal subject matter jurisdiction. Accordingly, Plaintiff is DIRECTED to file a supplement to his complaint, not to exceed three pages, explaining the basis for the Court's subject matter jurisdiction on or before September 12, 2018. Failure to do so may result in dismissal of this action for failure to obey an order of the Court. Signed by Chief Judge Michael J. Reagan on 8/20/2018. (rah)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 5 Letter to plaintiff regarding case opening. (Attachments: #1 Consent to Magistrate Judge) (trb) |
| Filing 4 MOTION for Service of Process at Government Expense by DeAngelo Cowper. (trb) |
| Filing 3 MOTION for Recruitment of Counsel by DeAngelo Cowper. (trb) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by DeAngelo Cowper. (trb) |
| Filing 1 COMPLAINT against Flynn, Andrew Tetzlaff & Associates, filed by DeAngelo Cowper.(trb) |
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| Defendant: Flynn, Andrew, Tetzlaff & Associates | |
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