Borders v. Gomez et al

案件号24-cv-02070ilnd-1:2024-cv-02070
起诉日期2024/03/12
原告Borders
原告律所dnlzito
维权品牌车载配件
法院伊利诺伊州北区地方法院

案件进展

12 条记录
#18

MINUTE entry before the Honorable John J. Tharp, Jr:Plaintiff's motion for reconsideration [17] is denied. In accordance with the Court's prior order [12], [13], this case remains dismissed for lack of prosecution. The Court will not entertain any further filings in this matter. Mailed notice

#17

MOTION by Plaintiff Jeremy Borders for reconsideration. (Received via Mailroom 1/8/25, Envelope not post marked)

#13

JUDGMENT Order Signed by the Honorable John J. Tharp, Jr on 11/15/2024. Mailed notice

#12

ORDER Signed by the Honorable John J. Tharp, Jr on 11/15/2024: On October 2, 2024, the Court ordered Plaintiff to submit a proposed amended complaintthat states a claim against proper Defendants by November 1, 2024 [11]. Plaintiff has failed to comply, or to otherwise contact the Court in this matter since entry of the October 2, 2024, order. ["The District Court's authority to dismiss a case for want of prosecution 'has generally been considered an inherent power, governed not by rule or statute but by the control necessarily vested in courts to manage their own affairs so as to achieve the orderly and expeditious disposition of cases.'" Ruffin v. Kane County Sheriff Dep't, No. 01 C 4898, 2006 U.S. Dist. LEXIS 55991, at *22-24 (N.D. Ill. July 21, 2006) (citing Link v. Wabash R.R. Co., 370 U.S. 636, 630-31, (1962));see also Election Comm'n v. Al Salvi for Senate Comm., 205 F.3d 1015, 1018 (7th Cir. 2000) (a court has authority, both inherently and under Federal Rule of Procedure 41(b), to dismiss a case as a sanction for failure to prosecute and noncompliance with a court order); James v. McDonald's Corp., 417 F.3d 672, 681 (7th Cir. 2005) ("Once a party invokes the judicial system by filing alawsuit, it must abide by the rules of the court; a party cannot decide for itself when it feels like pressing its action and when it feels like taking a break."). Plaintiff has failed to comply with a court order and Plaintiff was advised that his failure to comply could result in dismissal. Accordingly, this case is dismissed without prejudice on the understanding that Plaintiff no longer wishes to pursue it. See, e.g., Harrington v. City of Chi., 43 F.3d 542, 549-50 (7th Cir. 2006) (affirming dismissal for failure to prosecute where district court gave explicit dismissal warning). The Clerk is directed to close this case and issue a final judgment order. Civil case terminated. Mailed notice

#11

ORDER: Plaintiff has submitted a proposed amended complaint, as ordered [10]. Summons, however, shall not issue. Plaintiff's amended complaint [10] is dismissed without prejudice for failure to state a claim. If Plaintiff wants to proceed with this lawsuit, he must submit an amended complaint that states a federal claim against proper defendants. Failure to submit an amended complaint by November 1, 2024, will result in dismissal of this lawsuit for failure to state a claim. The Clerk of Court is directed to send Plaintiff an amended complaint form, a blank USM-285 form, and instructions along with a copy of this order. Signed by the Honorable John J. Tharp, Jr on 10/2/2024: Mailed notice

#10

COMPLAINT filed by Jeremy Borders (Exhibits). (Envelope not postmarked) (Received by mail in the Clerk's Office on 07/30/24)

#9

ORDER: Plaintiff has paid the $405.00 statutory filing fee in this case, as ordered [8]. The Court has reviewed Plaintiff's complaint pursuant to 28 U.S.C. � 1915A, and finds it is unacceptable. The Court dismisses Plaintiff's complaint [1] without prejudice. Plaintiff must submit an amended complaint that complies with the instructions in the Statement section below. Failure to submit an amended complaint by July 26, 2024, may result in dismissal of this lawsuit. Plaintiff also must promptly update his address if it changes while this case is open. If Plaintiff does not keep the Court informed of his address, this lawsuit will be subject to dismissal with no further notice. The Clerk of Court is directed to send Plaintiff an amended complaint form and instructions along with a copy of this order. Signed by the Honorable John J. Tharp, Jr on 6/20/2024. Mailed notice

#7

ORDER: Plaintiff has submitted another application to proceed in forma pauperis [6] The motion [6] is denied. Plaintiff's renewed motion [6] confirms his ability to pay the filing fee as described in the Court's order of April 17, 2024 [5]. The previous deadline of May 29, 2024, by which to pay the filing fee stands. Signed by the Honorable John J. Tharp, Jr on 4/29/2024: Mailed notice.

#6

APPLICATION by Plaintiff Jeremy Borders for leave to proceed in forma pauperis (exhibits) (received by mail in the Clerk's Office 4/26/2024) (envelope postdated 4/17/2024).

#5

ORDER : Plaintiff's application for leave to proceed in forma pauperis [4] is denied. If Plaintiff wants to proceed with this lawsuit, he must pay the $405 filing fee. If Plaintiff does not comply by May 29, 2024, this case will be summarily dismissed. Signed by the Honorable John J. Tharp, Jr on 4/17/2024: Mailed notice.

#4

APPLICATION by Plaintiff Jeremy Borders for leave to proceed in forma pauperis (Exhibits)

#3

ORDER: Cook County detainee Jeremy Borders submitted a complaint under 42 U.S.C. � 1983 concerning a failure to protect and alleged unconstitutional conditions of confinement at Stateville Correctional Cetner, but he did not pay the Court's filing fee or apply for leave to proceed in forma pauperis. He must do one of two things: (1) prepay the $405.00 filing fee or (2) apply to proceed in forma pauperis using the enclosed form. An application to proceed in forma pauperis must be accompanied by a certified account statement showing all transactions in his custodial account or accounts from September 12, 2023, to March 12, 2024. If he was incarcerated at more than one facility during that time, he must obtain an account statement from each facility. Alternatively, he may submit payment of the $405.00 by check or money order payable to Clerk, United States District Court. Failure to comply by April 12, 2024, will result in dismissal of this lawsuit. Plaintiff should be aware that he must pay the filing fee even if the case is summarily dismissed. See 28 U.S.C. � 1915(b)(1). Thus, he must either pay the full filing fee upfront or pay the filing fee over time in installments consisting of 20% of his monthly income (including money sent by family and friends) until the filing fee is paid in full. If he is allowed to pay in installments, the collections from his account will follow him even if he is transferred to another facility. Waiver of the fee is not an option. The Court defers consideration of Plaintiff's complaint until after his fee status is resolved. The Clerk of Court is directed to send Plaintiff a blank application to proceed in forma pauperis along with a copy of this order. Signed by the Honorable John J. Tharp, Jr on 3/13/2024. Mailed notice