Valdivia v. State Of Illinois et al

Filing 12

MEMORANDUM Order. Signed by the Honorable Milton I. Shadur on 8/30/2016:Mailed notice.(clw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

HUGO VALDIVIA,
Plaintiff,
v.
STATE OF ILLINOIS; et al.,
Defendants.

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Case No. 16 C 7520

MEMORANDUM ORDER
This Court's August 3, 2016 memorandum order ("Order") in this pro se action brought
by prisoner plaintiff Hugo Valdivia ("Valdivia") against the State of Illinois and other defendants
was "issued sua sponte because Valdivia has failed to take a step that must be dealt with at the
outset to enable him to enter the federal courthouse door in the figurative sense." That failure
consisted of Valdivia's omission of any allegations whatever that addressed the precondition
imposed by 42 U.S.C. § 1997e(a) -- the obligation to exhaust all available remedies before
bringing suit -- even though Valdivia's Complaint had listed no fewer than 27 shorthand
statements of Valdivia's "complaints." Because of that omission, the Order gave Valdivia
something over three weeks -- until August 26 -- "to supply a proper showing of such
exhaustion, failing which this action will have to be dismissed."
Now August 26 has come and gone with Valdivia having transmitted a hand-printed
letter on an entirely different subject, but having done nothing to cure the defect that the Order
had specifically called to his attention. With Valdivia thus having ignored the responsibility

imposed on him by the above-cited congressional enactment, this Court will act in compliance
with the forecast in the Order: This action is dismissed. 1

__________________________________________
Milton I. Shadur
Senior United States District Judge
Date: August 30, 2016

_________________________
1
Valdivia's letter referred to in this paragraph of the text -- a half-page "To whom it may
concern" communication received in the Clerk's Office on August 18 -- is attached as Ex. 1.
This Court is sending a copy of this memorandum order with attached exhibit to the fiscal officer
at the Cook County Jail so that he or she can comply with the permission granted by Valdivia in
that letter.
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Case: 1:16-cv-07520 Document #: 10 Filed: 08/18/16 Page 1 of 1 PageID #:37

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