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- ilnd;;1:20-cv-05663_de7 RegisterActionDate "2020-10-07" @default.
- ilnd;;1:20-cv-05663_de7 RegisterActionDescriptionText "MINUTE entry before the Honorable John Z. Lee: Plaintiff has filed a pro se complaint alleging a claim under 42 U.S.C. § 1983 for false arrest in violation the Fourth Amendment against Rilwan Martins, the executive director of the Masjid Al Farooq mosque in Chicago. See ECF Nos. 12. Because Plaintiff has sought to proceed in forma pauperis, the Court must conduct an initial review of the complaint and dismiss it if it states "frivolous or malicious claims," "fails to state a claim on which relief may be granted," or "seeks monetary relief against a defendant who is immune from such relief." 28 U.S.C. § 1915(e)(2)(B); see Turley v. Rednour, 729 F.3d 645, 649 (7th Cir. 2013). And here, the complaint fails to state a claim on which relief may be granted because liability under 42 U.S.C. § 1983 requires "state action," or action by a "State actor," such that the action of private citizens like Defendant Martins is generally not actionable under § 1983. See Hallinan v. Fraternal Order of Police of Chicago Lodge No. 7, 570 F.3d 811, 81516 (7th Cir. 2009) (cleaned up). Thus, because the complaint does not allege that Defendant Martin's conduct falls under one of the few exceptions to this general rule, the complaint fails to state a claim under § 1983. And because the complaint does not allege the requirements of diversity jurisdiction, see 28 U.S.C. § 1332(a), the Court lacks jurisdiction over any state-law claim that may be suggested by the complaint. Accordingly, Plaintiff's complaint is dismissed without prejudice under 28 U.S.C. § 1915(e)(2)(B)(ii). Plaintiff may submit an amended complaint by 11/6/20. If Plaintiff does not do so, this case will be terminated. Mailed notice (ca, ) (Entered: 10/07/2020)" @default.
- ilnd;;1:20-cv-05663_de7 AdministrativeID "10" @default.
- ilnd;;1:20-cv-05663_de7 OntologyLabel minute_entry @default.