Phillips III v. US Air Force et al

Filing 11

MEMORANDUM AND ORDER, granting 10 MOTION for Reconsideration re 8 Order Dismissing Case filed by Clint Phillips III. The Court DENIES the plaintiff's motion for leave to proceed in forma pauperis (Doc. 3). The plaintiff shall have up to and including November 20, 2017 to file his amended complaint and pay the filing fee. Signed by Judge J. Phil Gilbert on 11/6/2017. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CLINT PHILLIPS III,
Plaintiff,
v.

Case No. 3:17-cv-01079-JPG-SCW

US AIR FORCE and SCOTT AIR FORCE
BASE,
Defendants.
MEMORANDUM & ORDER
J. PHIL GILBERT, DISTRICT JUDGE
This matter comes before the Court on the plaintiff’s motion for reconsideration. (Doc.
10.) On October 6, 2017, the plaintiff filed his complaint. (Doc. 2.) On October 16, the Court
ordered the plaintiff to file an amended pleading that cured the jurisdictional defect in the first
complaint. (Doc. 6.) In response, the plaintiff filed a supplement to his complaint, but the
supplement did nothing more than reassert the same defects in the complaint. (Doc. 7.) The
Court then dismissed the complaint without prejudice. (Docs. 8, 9.)
Now, the plaintiff has filed a motion for reconsideration of that dismissal, and argues that
the United States should be the proper defendant to his Federal Tort Claims Act claim. (Doc. 10.)
The Court GRANTS the defendant’s motion and, again, DIRECTS him to file an amended
complaint that properly invokes federal subject-matter jurisdiction. The Court DIRECTS the
Clerk of Court to re-open this case. Finally, the Court DENIES the plaintiff’s motion for leave to
proceed in forma pauperis (Doc. 3) because he does not meet the financial requirements.
The plaintiff shall have up to and including November 20, 2017 to file his amended
complaint and pay the filing fee. The Court WARNS plaintiff that failure to comply with these
requirements will result in the dismissal of his case.

IT IS SO ORDERED.
DATED: November 6, 2017
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE