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HENDRICKS v. BOARD OF EDUCATION

United States District Court, Northern District of Illinois


August 1, 2003

HENDRICKS
v.
BOARD OF EDUCATION

The opinion of the court was delivered by: James Zagel, District Judge

Plaintiff has filed a number of motions, each of which I address here:

1. Petition for Report of Proceedings and Common Law Record: transcripts are unnecessary for appeal in this case and therefore, the motion is DENIED.
2. Motion for Appointment of Counsel: DENIED.

3. Motion for Leave to Appeal: DENIED as moot. Plaintiff does not need this Court's permission to appeal, and he has filed his notice of appeal.
4. Motion to Proceed on Appeal Without Prepayment of Fees: GRANTED.
5. Motion for Summary Judgment: The Chicago Board of Education has been dismissed from this case, so only the individual defendants remain. Plaintiff has not properly served the individual defendants, which is reflected in the docket. The docket does not reflect receipt of service by any defendant. Plaintiff asserts in his "Notice and Proof of Service" and in open court that he did properly serve the individual defendants "by faxing/leaving same with/in an agent offices in the city [sic] of Chicago, Illinois of the Chicago Board of education and or their agent's [sic] for/with the following persons." Submitting or leaving copies of the complaint with the Chicago Board of Education or any agent of the Chicago Board of Education does not constitute proper service on an individual defendant. Proper service on an individual defendant is rendered when the individual is personally served. Because plaintiff has failed to do this, the remaining defendants in this case have not been properly served, and plaintiff's motion is DENIED.
6. Motion for Judgment By Default: DENIED, for the same reasons as plaintiff's Motion for Summary Judgment. [ Page 1]
20030801

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