City of Marion v. Ball et al
| City of Marion |
| Dennis Ball, MidCountry Bank, Regions Bank, Unknown Owners/Non-Record Claimants and Williamson County Illinois |
| 3:2021cv01351 |
| October 27, 2021 |
| US District Court for the Southern District of Illinois |
| David W Dugan |
| Personal Property: Other |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 7, 2021. A more recent docket listing may be available from PACER.
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Filing 10
ORDER re #9 Objection filed by Dennis Ball. Defendant has filed an objection to the Court's order remanding this case to the Circuit Court of the First Judicial Circuit, Williamson County, Illinois. Defendant argues that, pursuant to Federal Rules of Civil Procedure 59(e) and 60(b), he is entitled to a new trial in federal court because he cannot receive a fair trial in state court. He refers to his notice of removal as seeking a new venue for his issues with the state court process. Upon review, the Court stands firm in its decision that the notice of removal failed to provide a sufficient basis for exercising federal subject matter jurisdiction such that remand was appropriate. Disappointment with results in a state trial court should be addressed through the state appellate process under most circumstances because the Rooker-Feldman doctrine "precludes lower federal court jurisdiction over claims seeking review of state court judgments." Brokaw v. Weaver, 305 F.3d 660, 664 (7th Cir. 2002). The notice of removal did not sufficiently state a basis for federal jurisdiction, and the Court finds that Defendant's objection fails to identify any clearly erroneous decision requiring reversal. As such, the objection is OVERRULED. This case remains closed. Signed by Judge David W. Dugan on 12/7/2021. (kll)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 9 OBJECTION to #7 Order, Federal Rules 29(e) and 60(b) by Dennis Ball. (kdw) |
| Filing 8 Letter to Williamson County Circuit Court regarding Order Remanding Case. (clt) |
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Filing 7
ORDER REMANDING CASE and Denying #3 MOTION for Leave to Proceed in forma pauperis filed by Dennis Ball. For the reasons stated in the attached Memorandum & Order, Defendant Dennis Ball's motion for leave to proceed in forma pauperis is denied due to the frivolous nature of the removal of this action. The Court sua sponte REMANDS this action to the Circuit Court of the First Judicial Circuit, Williamson County, Illinois for lack of subject matter jurisdiction. The Clerk of Court is DIRECTED to transmit a certified copy of this Order to the clerk of the state court and thereafter to CLOSE this case. Signed by Judge David W. Dugan on 12/2/2021. (kll)
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| Filing 6 COUNTERCLAIM Complaint against City of Marion, MidCountry Bank, Williamson County Illinois, filed by Dennis Ball.(adh) |
| Filing 5 MOTION for Service of Process at Government Expense by Dennis Ball. (adh) |
| Filing 4 MOTION for Recruitment of Counsel by Dennis Ball. (adh) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Dennis Ball. (adh) |
| Filing 2 NOTICE OF REMOVAL from Williamson County, case number 19-CH-37, filed by Dennis Ball. (Attachments: #1 Complaint, #2 Civil Cover Sheet)(adh) |
| Filing 1 Notice of Judge Assignment. Judge David W. Dugan assigned. All future documents must bear case number 21-1351-DWD. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. (adh) |
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