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16-171 - BROOKS v. LAYTON et al


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16-171 - BROOKS v. LAYTON et al
January 25, 2016
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Entry Granting Leave to Proceed In Forma Pauperis and Dismissing Complaint - The plaintiff's request to proceed in forma pauperis [dkt. 2] is granted. For the reasons stated above, Mr. Brooks's complaint must be dismissed for failure to state a claim upon which relief may be granted. Mr. Brooks shall have through February 22, 2016 to amend his complaint or, in which to show cause why Judgment consistent with this Entry should not issue. (See Order). The clerk is directed to change the name of defendant "Mikolas Layton" to "Nikolas Layton" on the docket. Copy to Plaintiff via U.S. Mail. Signed by Judge Tanya Walton Pratt on 1/25/2016. (JLS)
March 18, 2016
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Entry Denying Post-Judgment Motion - The plaintiff makes no allegation regarding how the alleged inadequate investigatory actions harmed his ability to obtain any appropriate relief. Therefore, because the plaintiff has not identified a federal constitutional right of which he was allegedly deprived, it was not a manifest error of law for the Court to determine that his complaint failed to state a claim under 42 U.S.C. ยง 1983. For these reasons, the plaintiff's motion for leave to file an amended complaint [dkt. 10] is denied. (See order). Copy to Plaintiff via U.S. Mail. Signed by Judge Tanya Walton Pratt on 3/18/2016. (JLS)
April 18, 2016
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Entry Denying Second Post-Judgment Motion - For these reasons, the plaintiff's motion renewed for leave to file an amended complaint [dkt. 14] must be denied.(See order). Copy to Plaintiff via U.S. Mail.Signed by Judge Tanya Walton Pratt on 4/18/2016. (JLS)
April 28, 2016
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Entry denying 17 Motion for Leave to Appeal in forma pauperis (USCA #16-1921) - There is no objectively reasonable argument the plaintiff could present to argue that the dismissal of this action for lack of jurisdiction was erroneous. In pursuing an appeal, therefore, the petitioner "is acting in bad faith... [because] to sue in bad faith means merely to sue on the basis of a frivolous claim, which is to say a claim that no reasonable person could suppose to have any merit." Lee v. Clinton, 209 F.3d 1025, 1026 (7th Cir. 2000). Accordingly, his appeal is not taken in good faith, and for this reason his request for leave to proceed on appeal in forma pauperis [dkt 17] is denied. Copy to Plaintiff via U.S. Mail Signed by Judge Tanya Walton Pratt on 4/28/2016. (JLS)