Coburn v. Land and Lakes

Filing 12

MEMORANDUM Order Signed by the Honorable Milton I. Shadur on 12/21/2011:Mailed notice(srn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
LUTHER J. COBURN,
Plaintiff,
v.
LAND & LAKES, RIVER BEND
PRAIRIE RECYCLING & TRANSFER
FACILITY,
Defendant.

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No. 11 C 8308

MEMORANDUM ORDER
This Court’s November 28, 2011 memorandum order (“Order”)
explained this to pro se plaintiff Luther Coburn (“Coburn”):
Although Coburn would appear to qualify for in forma
pauperis status from a purely financial perspective, our
Court of Appeals teaches that he must also demonstrate the
existence of a claim that is nonfrivolous (in the legal
sense of that term). It is that last hurdle that Coburn has
failed to surmount.
And Order at 2-3 then went on to explain that it was the
untimeliness of Coburn’s employment discrimination and
retaliation lawsuit that called for the denial of his In Forma
Pauperis Application (“Application”).
That said, the Order concluded in this fashion, with the
cautionary caveat set out in n. 3:
This court will not however dismiss this action,
because (as stated in the preceding paragraph) most caselaw
perceives that time limit as nonjurisdictional. Accordingly
if Coburn were to pay the $350 filing fee on or before
December 19, 2011, he could go forward with this case in the
first instance.3
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Coburn should understand, however, that this Court
would be obligated to deal with any motion to dismiss that

Land and Lakes might file based on untimeliness grounds. If
such a dismissal were to be granted, the expensive filing
fee would be lost by Coburn.
But what Coburn has done instead of remitting a filing fee
is to file, on the appointed December 19 date, another
Application containing an amended financial affidavit.

Because

nothing submitted by Coburn speaks to the issue of untimeliness,
the combination of that ground for dismissal plus his nonpayment
of the filing fee calls for an order of dismissal.

This Court so

orders.

_________________________________
Milton I. Shadur
Senior United States District Judge
Dated:

December 21, 2011

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