Kindle v Kinkaid Reeds Conservation Dist.
| Edward S. Kindle and Edward Kindle |
| Kinkaid Reeds Conservation Dist. |
| 3:2018cv01516 |
| August 20, 2018 |
| US District Court for the Southern District of Illinois |
| East St. Louis Office |
| Lake |
| Reona J Daly |
| Nancy J Rosenstengel |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 14, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Amended Pleadings (Complaint) due by 11/12/2018. (cjo) |
Filing 5
JURISDICTIONAL ORDER: Plaintiff Edward Kindle filed a pro se complaint in which he alleges Defendant uses his property even though it never obtained an easement to do so (Doc. 1). The complaint does not, however, identify the basis for subject matter jurisdiction. See McCready v. White, 417 F.3d 700, 702 (7th Cir. 2005) ("Ensuring the existence of subject-matter jurisdiction is the courts first duty in every lawsuit."). As the party invoking federal jurisdiction, Mr. Kindle must demonstrate that all jurisdictional requirements are satisfied. See Smart v. Local 702 Int'l Brotherhood of Elec. Workers, 562 F.3d 798, 802-03 (7th Cir. 2009). The complaint does not identify any federal statute or constitutional right that was purportedly violated, and thus does not sufficiently invoke jurisdiction under the federal question statute (28 U.S.C. 1331). The complaint also does not allege the citizenship of the parties or the amount in controversy, and thus does not sufficiently invoke jurisdiction under the diversity statute (28 U.S.C. 1332). The Court can neither presume nor assume the basis for subject matter jurisdiction; the party seeking the federal forum must clearly identify it. Accordingly, before the undersigned conducts a threshold review of Mr. Kindles claim under 28 U.S.C. 1915 or considers his motion to proceed in forma pauperis (Doc. 2), Mr. Kindle must amend his complaint to set forth all of the information needed to determine whether jurisdiction lies in this Court. To that end, Mr. Kindle is ORDERED to file an amended complaint, on or before November 12, 2018. If Mr. Kindle fails to file an amended complaint in the manner and time prescribed or if, after reviewing it, the Court finds that he cannot establish subject matter jurisdiction, this case will be dismissed. Signed by Judge Nancy J. Rosenstengel on 10/12/2018. (klh2) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Filing 4 Letter to Edward S. Kindle (kls3) |
| Filing 3 Notice of Judge Assignment. Judge Nancy J. Rosenstengel and Magistrate Judge Reona J. Daly assigned. All future documents must bear case number 3:18-cv-1516-NJR-RJD. If the parties consent to Magistrate Judge assignment, the consent form with instruction is attached for your convenience. Refer to the pro se litigant guide, found on the ILSD website, for further information. (kls3) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Edward S. Kindle. (kls3) |
| Filing 1 COMPLAINT against Kinkaid Reeds Conservation Dist., filed by Edward S. Kindle.(kls3) |
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 Southern 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.
