Summary
The United States District Court for the Central District of Illinois conducted a merit review of Christopher Thompson’s pro se 42 U.S.C. § 1983 complaint against attorney Bart Beals. The court dismissed the complaint without prejudice because the allegations did not establish whether venue was proper, granted leave to amend within 30 days, and denied Thompson’s in forma pauperis petition with leave to renew using the required federal form.
Holdings
- The complaint was dismissed without prejudice because plaintiff's sparse allegations did not make clear that venue was proper in the Central District of Illinois under 28 U.S.C. § 1391(b).
- The dismissal was without prejudice, and plaintiff was granted 30 days to file an amended complaint containing sufficient information about defendant, the underlying case, and all allegations against all defendants.
- The in forma pauperis petition was denied with leave to renew because plaintiff used a form required by Illinois circuit courts rather than the federal district court's Application to Proceed in District Court Without Prepaying Fees or Costs short form.
Questions Presented
- Whether the complaint should be dismissed without prejudice because the allegations did not establish that venue was proper in the Central District of Illinois under 28 U.S.C. § 1391(b).
- Whether plaintiff's petition to proceed in forma pauperis should be denied because it was filed on an Illinois state-court form rather than the federal district court's required short form.
Disposition
dismissed
Cases Cited (4)
- Turley v. Rednour, 729 F.3d 645, 649-51 (7th Cir. 2013)(followed)
- Alexander v. United States, 721 F.3d 418, 422 (7th Cir. 2013)(followed)
- Wilson v. Ryker, 451 F. App'x 588, 589 (7th Cir. 2011)(followed)
- Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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