John Minard v. Wal-Mart Stores, Incorporated
Filing
Filed Nonprecedential Disposition PER CURIAM. DISMISSED. Michael S. Kanne, Circuit Judge; Ann Claire Williams, Circuit Judge and David F. Hamilton, Circuit Judge. [6804274-1] [6804274] [16-2112]
Case: 16-2112
Document: 35
Filed: 12/13/2016
Pages: 2
NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with Fed. R. App. P. 32.1
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted December 12, 2016*
Decided December 13, 2016
Before
MICHAEL S. KANNE, Circuit Judge
ANN CLAIRE WILLIAMS, Circuit Judge
DAVID F. HAMILTON, Circuit Judge
No. 16‐2112
JOHN D. MINARD,
Plaintiff‐Appellant,
v.
WAL‐MART STORES, INC.,
Defendant‐Appellee.
Appeal from the United States District
Court for the Northern District
of Illinois, Eastern Division.
No. 14 C 8168
Virginia M. Kendall,
Judge.
O R D E R
John Minard appeals the dismissal of his personal‐injury complaint, brought
under diversity jurisdiction, for failure to comply with Federal Rules of Civil Procedure
8(a)(2) and 10(b) and with particular directives of the district court. Because Minard
does not develop an argument challenging any of the district court’s decisions, we
dismiss this appeal.
* We have unanimously agreed to decide the case without oral argument because
the briefs and record adequately present the facts and legal arguments, and oral
argument would not significantly aid the court. See FED. R. APP. P. 34(a)(2)(C).
Case: 16-2112
Document: 35
Filed: 12/13/2016
Pages: 2
No. 16‐2112
Page 2
Minard first brought a civil‐rights complaint against Wal‐Mart Stores, Inc.,
alleging constitutional violations after he was struck by a car in a Wal‐Mart parking lot.
The district court screened Minard’s complaint under 28 U.S.C. § 1915 and dismissed it
for failing to allege a constitutional violation against a state actor. Minard then amended
his complaint without leave of the court, this time alleging diversity jurisdiction and
seeking to hold Wal‐Mart liable for his injuries from the accident. In a prior suit, Minard
had recovered damages from the car’s driver, but his amended complaint sought
additional damages from Wal‐Mart due to the layout of its parking lot. The court
dismissed Minard’s amended complaint without prejudice under Rule 8(a)(2), and then
even recruited three attorneys to help him file a complaint that comported with the
rules of civil procedure. Minard, however, failed to follow discovery rules, did not
respond to either of two motions to dismiss filed by Wal‐Mart, and repeatedly filed
motions that did not adhere to federal court rules. The court eventually granted Wal‐
Mart’s motion to dismiss, explaining that the complaint was “unintelligible”; “vague,
confusing, and conclusory”; and failed to provide Wal‐Mart sufficient notice of his
claims.
On appeal Minard repeats his conclusory assertion that Wal‐Mart acted
negligently (i.e., “[e]vidence submitted supports the facts”), but he does not identify
any disagreement with the district court’s reasons for dismissing his suit. Although we
construe pro se briefs liberally, arguments must be developed and supported to be
preserved. See FED. R. APP. P. 28(a)(8)(A); Anderson v. Hardman, 241 F.3d 544, 545
(7th Cir. 2001).
DISMISSED.
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