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- ilnd;;1:20-cv-04413_de41 RegisterActionDate "2020-10-30" @default.
- ilnd;;1:20-cv-04413_de41 RegisterActionDescriptionText "ORDER: On October 26, 2020, Plaintiff submitted a document titled a "Statement of Claim" 32 . It is unclear whether he intends for this submission to be his second amended complaint, which he was directed to submit by October 26, 2020. (See Dkt. 31.) To the extent Plaintiff meant the Statement of Claim as a pleading, the pleading is dismissed. To begin with, the submission is not on the Court's required civil rights complaint form and could be stricken on that basis alone. See N.D. Ill. L.R. 81.1 (requiring persons in custody to use Court's form complaint). All future complaints must be on the Court's required form, which must be filled out completely and accurately. Second, Plaintiff states his "complaints [are] still the same" as those in his First Amended Complaint, and he repeats his generalized complaints from the First Amended Complaint against the public defender and judge in his state court criminal proceedings. (Dkt. 32.) A Plaintiff, however, may not amend a pleading simply by referring to the previous complaint. See Nisbet v. Van Tuyl, 224 F.2d 66, 71 (7th Cir. 1955). Moreover, as the Court previously explained, the Court cannot interfere in Plaintiff's state court criminal proceedings, see Younger v. Harris, 401 U.S. 37 (1971), and judges and public defenders are not proper defendants in a § 1983 lawsuit. Mireles v. Waco, 502 U.S. 9, 12-13 (1991); Polk County v. Dodson, 454 U.S. 312, 325 (1981). Consequently, Plaintiff may not proceed on the Statement of Claim. The Court will provide Plaintiff one more opportunity to amend his complaint to attempt to state a valid federal claim. The Clerk will provide Plaintiff with an amended civil rights complaint form and instructions along with a copy of this order. Failure to submit an amended complaint by November 20, 2020, will result in summary dismissal of this lawsuit. Signed by the Honorable Virginia M. Kendall on 10/30/2020: mail notice (daj, ) (Entered: 11/03/2020)" @default.
- ilnd;;1:20-cv-04413_de41 AdministrativeID "40" @default.
- ilnd;;1:20-cv-04413_de41 hasReferenceToOtherEntry ilnd;;1:20-cv-04413_de34 @default.