Order | Filed: June 25, 2025
| Entered: June 25, 2025
Barry v. Case Text et al
Civil Rights: Americans with Disabilities - Other | Illinois Central
Order on Motion for Miscellaneous Relief
TEXT ORDER entered by Judge Sue Myerscough on 6/25/2025: On November 14, 2023, Plaintiff filed a Complaint (d/e 1 ) against Defendants alleging a variety of federal and state law claims. Plaintiff also filed a petition to proceed in forma pauperis on the same date. (d/e 2 ). On December 19, 2023, Plaintiff filed an Amended Complaint against Defendants. On October 25, 2025, Defendants filed a Motion to Dismiss and Memorandum in Support asking the Court to dismiss each of Plaintiff's claims for various reasons. (d/e 18 , 19 ). On March 24, 2025, Defendants' Motion to Dismiss was granted, and judgment was entered in Defendants' favor. (d/e 22 , 23 ).On April 3, 2025, Plaintiff filed a Notice of Appeal and a Motion for Leave to Appeal in forma pauperis. (d/e 24 , 25 ). On April 8, 2025, the Court requested additional information from Plaintiff to decide her motion for leave to appeal in forma pauperis. (April 8, 2025 Text Order). Plaintiff filed additional information on April 22, 2025 and a supplement on April 23, 2025. (d/e 29 , 31 ). On April 28, 2025, the Court entered an order denying Plaintiff's motion for leave to appeal in forma pauperis. (d/e 32 ). On May 29, 2025, the Seventh Circuit Court of Appeals filed an order in this case denying Plaintiff's motion for leave to proceed on appeal in forma pauperis. Specifically, the Seventh Circuit order noted, "Appellant Monica Barry has not identified a potentially meritorious claim that the district court erred in dismissing the complaint." (d/e 33 ). Additionally, Plaintiff was given 14 days to pay the docketing fee to the district court or face possible dismissal of her appeal. Id. On June 24, 2025, Plaintiff filed a Motion to Withdraw Case in this matter at the district court. (d/e 34 ). Specifically, Plaintiff seeks to dismiss this action. The Court has reviewed the Seventh Circuit Court of Appeals docket in Plaintiff's appeal, and the most recent entry from June 13, 2025, provides a deadline of June 27, 2025 to inform the Court of Appeals whether Plaintiff seeks to voluntarily dismiss her appeal. Plaintiff has now filed the instant Motion to Withdraw Case in which Plaintiff seeks to dismiss the instant matter but makes no specific mention of her currently pending appeal. This Court lacks jurisdiction to grant Plaintiff's requested relief as this action was closed on March 24, 2025. Therefore, Plaintiff's Motion (d/e 34 ) is MOOT. If Plaintiff seeks to dismiss her appeal before the Seventh Circuit Court of Appeals, she must file a motion setting forth her position with the appellate court, not the district court. The Clerk of the Court is DIRECTED to email Plaintiff a copy of the June 13, 2025 Court of Appeals order. The Clerk of the Court is further DIRECTED to transmit a copy of this order and Plaintiff's Motion to Withdraw Case to the Seventh Circuit Court of Appeals. (KLC)