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- ilcd;;1:16-cv-01042_de4 RegisterActionDate "2016-02-05" @default.
- ilcd;;1:16-cv-01042_de4 RegisterActionDescriptionText "TEXT ORDER Entered by Judge Michael M. Mihm on 2/5/2016. The plaintiff's petition to proceed in forma pauperis is denied 3 because he has over $660.00 in his prison account and expects over $4,000 in a settlement. 3 . Plaintiff is directed to pay the $400 filing fee by February 24, 2016, or this case will be dismissed without prejudice. On a separate note, the plaintiff alleges in his complaint that last month he filed an action in state court regarding the same facts but that he filed this case "in order to protect himself in case he loses in state court on grounds (such as the state statute of limitations) that may not preclude relief in the federal venue." (Complaint, pp. 2-3.) The plaintiff is advised that a state court judgment on the merits generally bars the relitigation of those claims in federal court, including claims that were not pursued in the state court action but could have been. Hayes v. City of Chicago, 670 F.3d 810, 812 (7th Cir. 2012). A dismissal because of the applicable statute of limitations also generally bars relitigation. See American Nat. Bank & Trust Co. v. City of Chicago, 826 F.2d 1547, 1553 (7th Cir, 1987)("When the first suit is dismissed under a statute of limitations, that is the end.") Additionally, Plaintiff is advised that even if he pays the filing fee in this case, the Court is required to conduct a merit review of the Complaint before service. 28 U.S.C. Section 1915A. If the Plaintiff pays the filing fee and Court dismisses this action for failure to state a claim, that may adversely affect Plaintiff's state court action.(SW, ilcd) (Entered: 02/05/2016)" @default.
- ilcd;;1:16-cv-01042_de4 AdministrativeID "None" @default.
- ilcd;;1:16-cv-01042_de4 hasJudgeReference SJ001506 @default.
- ilcd;;1:16-cv-01042_de4 hasReferenceToOtherEntry ilcd;;1:16-cv-01042_de2 @default.