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- ilnd;;1:19-cv-01643_de4 RegisterActionDate "2019-03-11" @default.
- ilnd;;1:19-cv-01643_de4 RegisterActionDescriptionText "ORDER: Plaintiff's application for leave to proceed in forma pauperis 3 is granted, but his complaint 1 is dismissed without prejudice on initial review pursuant to 28 U.S.C. § 1915. Although the Plaintiff appears to allege violations of the Eighth Amendment of the United States Constitution, see Compl. 3, ECF No. 1, he has not alleged that any defendant deprived him of any constitutional right while acting under color of law, see 42 U.S.C. § 1983 (providing cause of action against those who act under color of state law while depriving a plaintiff of constitutional rights); see also Speigel v. McClintic, --- F.3d ----, 2019 WL 625150, *3 (7th Cir. Feb. 14, 2019) ("To state a claim for relief in an action brought under § 1983, [a plaintiff] must establish that the alleged deprivation was committed under color of state law. The under-color-of-state-law element means that § 1983 does not permit suits based on private conduct, no matter how discriminatory or wrongful.") (internal citations and punctuation omitted); Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971) (providing private cause of action against federal agents acting under color of federal law); Correctional Services Corp. v. Malesko, 534 U.S. 61, 66 (2001) (holding that there is no implied private cause of action against private entities acting under color of federal law). Further, "the lack of organization and basic coherence renders [the] complaint too confusing to determine the facts that constitute the alleged wrongful conduct." Stanard v. Nygren, 658 F.3d 792, 798 (7th Cir. 2011). And finally, the complaint appears to focus on events that occurred in the mid-1980's, and it is therefore almost certainly untimely. Plaintiff has leave to file an amended complaint by 4/9/2019. Absent timely filing of an amended complaint, the dismissal shall be with prejudice. Signed by the Honorable John J. Tharp, Jr on March 11, 2019. Mailed notice (ph, ) (Entered: 03/11/2019)" @default.
- ilnd;;1:19-cv-01643_de4 AdministrativeID "5" @default.
- ilnd;;1:19-cv-01643_de4 hasReferenceToOtherEntry ilnd;;1:19-cv-01643_de0 @default.
- ilnd;;1:19-cv-01643_de4 hasReferenceToOtherEntry ilnd;;1:19-cv-01643_de2 @default.