Finley v. Cermak Hospital et al
MEMORANDUM Order: For the reasons stated in this memorandum order, all of plaintiff Finley's current filings (Dkt. Nos. 10, 11, 12) are stricken, with the Motion 13 dismissed on mootness grounds. Signed by the Honorable Milton I. Shadur on 8/1/2017:Mailed notice(clw, )
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
LUTHER THOMAS FINLEY
CERMAK HOSPITAL, et al.,
Case No. 16 C 9460
On July 24, 2017 pro se prisoner plaintiff Luther Finley("Finley") filed a puzzling set of
documents under Case No. 16 C 9460, utilizing Clerk's-Office-supplied forms primarily (but not
exclusively) supplied for use by prisoner plaintiffs -- a "Complaint Under the Constitution
('Bivens' Action), Title 28 Section 1331 U.S. Code" (Dkt. No. 11), an In Forma Pauperis
Application ("Application," Dkt. No. 12) and a Motion for Attorney Representation ("Motion,"
Dkt. No. 13) -- together with a one-page handwritten "To whom this may concern" letter (Dkt.
No. 10). Even apart from Finley's mistake in listing himself as the defendant rather than the
plaintiff in the Complaint form, he has left the "Statement of Claim" section in that Complaint
form totally blank (even though Complaint ¶ V prays for a modest $400,000 in damages). Most
importantly, Finley's current filing totally ignores the fact that his original Complaint and his
asserted action in Case No. 16 C 9460 were dismissed nearly ten months ago (see Dkt. No. 6, a
memorandum order issued on October 19, 2016).
Accordingly all of Finley's current filings are stricken, with the Motion dismissed on
mootness grounds. And although the Application could perhaps be treated as calling for the
imposition of a $350 filing fee under the installment plan called for by 28 U.S.C. § 1915, this
Court is loath to impose that burden on the obviously confused Finley.
Milton I. Shadur
Senior United States District Judge
Date: August 1, 2017
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