Jesse M. Hatch v. Michael P. Lane, 854 F.2d 981 (7th Cir. 1988). · Go Syfert
Jesse M. Hatch v. Michael P. Lane, 854 F.2d 981 (7th Cir. 1988). Cases Citing This Book View Copy Cite
30 citation events (4 in the last 25 years) across 5 distinct courts.
Strongest positive: Shameka Brown v. Fifth Third Bank (ca7, 2013-09-12) · Strongest negative: Irwin Shapiro v. Ujb Financial Corp. (ca3, 1992-07-07)
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989 2007 2026
Top citers, strongest first. 14 distinct citers. How cited ↗
cited Cited "but see" Irwin Shapiro v. Ujb Financial Corp.
3rd Cir. · 1992 · signal: but see · confidence high
See Schrob v. Catterson, 948 F.2d 1402, 1407 (3d Cir.1991); but see Hatch v. Lane, 854 F.2d 981, 982 (7th Cir.1988).
cited Cited "but see" Shapiro v. UJB Financial Corp.
3rd Cir. · 1992 · signal: but see · confidence high
See Schrob v. Catterson, 948 F.2d 1402, 1407 (3d Cir.1991); but see Hatch v. Lane, 854 F.2d 981, 982 (7th Cir.1988).
discussed Cited as authority (rule) Shameka Brown v. Fifth Third Bank
7th Cir. · 2013 · confidence medium
We have remarked this on a number of occasions, see, e.g., Carter v. Hodge, 2013 WL 4022531, at *1 (7th Cir. Aug. 8, 2013); Perry v. Sheet Metal Workers’ Local No. 73 Pension Fund, 585 F.3d 358, 359 (7th Cir. 2009); Hope v. United States, supra, 43 F.3d at 1142 ; Otis v. City of Chicago, 29 F.3d 1159, 1163 (7th Cir. 1994) (en banc); Hatch v. Lane, 854 F.2d 981, 982 (7th Cir. 1988) (per curiam)—without visible effect on the Northern District’s practice.
discussed Cited as authority (rule) Brown v. Fifth Third Bank
7th Cir. · 2013 · confidence medium
We have remarked this on a number of occasions, see, e.g., Carter v. Hodge, 726 F.3d 917, 918-19 , 2013 WL 4022531, at *1 (7th Cir. Aug. 8, 2013); Perry v. Sheet Metal Workers’ Local No. 73 Pension Fund, 585 F.3d 358, 359 (7th Cir.2009); Hope v. United States, supra, 43 F.3d at 1142 ; Otis v. City of Chicago, 29 F.3d 1159, 1163 (7th Cir.1994) (en banc); Hatch v. Lane, 854 F.2d 981, 982 (7th Cir.1988) (per curiam)—without visible effect on the Northern District’s practice.
examined Cited as authority (rule) Arlene Otis v. City of Chicago (4×)
7th Cir. · 1994 · confidence medium
So, for example, we held in Hatch v. Lane, 854 F.2d 981, 982 (7th Cir.1988), that an order dismissing a complaint but allowing the plaintiff to file an amended complaint within a specified time did not become a final decision when the time expired.
discussed Cited as authority (rule) Badger Pharmacal, Inc., D/B/A Wisconsin Pharmacal Company, Inc. v. Colgate-Palmolive Company and Softsoap Enterprises, Inc.
7th Cir. · 1993 · confidence medium
See also Bastían v. Petren Resources Corp., 892 F.2d 680, 682 (7th Cir.), cert. denied, 496 U.S. 906 , 110 S.Ct. 2590 , 110 L.Ed.2d 270 (1990); Hatch v. Lane, 854 F.2d 981, 982 (7th Cir.1988) (per curiam).
discussed Cited as authority (rule) Perry R. Pennington Company, an Illinois Corporation v. T.R. Miller Company, Incorporated, an Alabama Corporation
7th Cir. · 1993 · confidence medium
The April 30,1992 minute order left the plaintiff free to amend his complaint and, the “general rule is, of course, that if a district court’s dismissal leaves a plaintiff free to file an amended complaint, the dismissal is not considered a final appealable order.” Hatch v. Lane, 854 F.2d 981, 982 (7th Cir.1988) (citation and internal punctuation omitted).
discussed Cited as authority (rule) Davis Harris v. Milwaukee County Circuit Court and David v. Jennings, Jr.
7th Cir. · 1989 · confidence medium
The form of order used in this case should be distinguished from that held not to create an appealable judgment in Hatch v. Lane, 854 F.2d 981, 981-82 (7th Cir.1988): “[complaint] dismissed without prejudice to plaintiff’s filing within 30 days an amended complaint limited to [a particular claim].” An order that simply dismisses a complaint with leave to replead is not a final judgment, because it does not end the litigation.
cited Cited as authority (rule) Norman Rosser, as of the Estate of Evelyn Rosser, and Norman Rosser, Individually v. Chrysler Corporation, Acco Babcock, Inc., and John Koepele
7th Cir. · 1989 · confidence medium
Hatch v. Lane, 854 F.2d 981, 982 (7th Cir.1988); see also Ordower v. *1305 Feldman, 826 F.2d 1569, 1573 (7th Cir.1987) (dismissal not final where plaintiff is free to file an amended complaint).
discussed Cited "see" Fuhrmann v. Roundy's Illinois, LLC
N.D. Ill. · 2022 · signal: see · confidence high
See Hatch v. Lane, 854 F.2d 981, 982 (7th Cir. 1988); Otis, 29 F.3d at 1168 (“We overrule Hatch, Strasburg, and Grantham to the extent they forbid an appeal from a conditional order of dismissal after the time to satisfy the condition has expired.”).
discussed Cited "see" Cunningham v. Roundy's Illinois, LLC
N.D. Ill. · 2022 · signal: see · confidence high
See Hatch v. Lane, 854 F.2d 981, 982 (7th Cir. 1988); Otis, 29 F.3d at 1168 (“We overrule Hatch, Strasburg, and Grantham to the extent they forbid an appeal from a conditional order of dismissal after the time to satisfy the condition has expired.”).
cited Cited "see" Lokmar Y. Abdul-Wadood v. Sharon Hawk
7th Cir. · 1996 · signal: see · confidence high
See Hatch v. Lane, 854 F.2d 981 (7th Cir.1988)." (R. 134) 7 This is actually the third appeal Abdul-Wadood has filed in this case.
cited Cited "see" Clarence Melvin Battle v. James G. Martin, Individually and in His Official Capacity as Governor, in Re Clarence Melvin Battle
4th Cir. · 1991 · signal: see · confidence high
See Hatch v. Lane, 854 F.2d 981 (7th Cir.1988) (dismissal of complaint without prejudice to right to refile amended complaint within 30 days was not a final, appealable order)
discussed Cited "see, e.g." In the Matter of William Behrens and Carolyn Behrens, Debtors. Appeal of Woodhaven Association
7th Cir. · 1990 · signal: see also · confidence low
Cf. Harris, 886 F.2d at 983-84 (order giving plaintiff 20 days to pay a filing fee and providing it would automatically ripen into a final judgment of dismissal if the deadline passed became final when the deadline passed); see also Hatch, 854 F.2d at 982-83 .
Retrieving the full opinion text from the archive…
Jesse M. HATCH, Plaintiff-Appellant,
v.
Michael P. LANE, Et Al., Defendants-Appellees
87-1346.
Court of Appeals for the Seventh Circuit.
Aug 10, 1988.
854 F.2d 981
Jesse M. .Hatch, Menard, Ill., for plaintiff-appellant., Patricia Rosen, Chief, Civ. Div. Atty. Gen. Office, Chicago, Ill., for defendants-appellees.
Posner, Coffey, Kanne.
Cited by 18 opinions  |  Published
PER CURIAM.

Jesse M. Hatch, incarcerated at the Stateville Correctional Center in Joliet, Illinois, appeals the district court’s dismissal of his complaint. We dismiss the appeal for want of appellate jurisdiction.

I.

Jesse M. Hatch filed his complaint pursuant to 42 U.S.C. § 1983, alleging various constitutional violations. On January 21, 1986, all defendants, except James McEl-hinney and Henry R. Meisels, filed a motion to dismiss. On April 3, 1986, Hatch filed a motion for summary judgment. The district court ruled on these motions on February 4, 1986. The purported judgment read:

Status hearing held. ENTER MEMORANDUM OPINION AND ORDER: The court grants defendants’ motion to dismiss and denies plaintiff’s motion for summary judgment. Finding the complaint insufficient to state a claim for relief against defendants McElhinney or Meisels, the court, on its own motion, dismisses them pursuant to 28 U.S.C. Secl915(d) [sic]. The action is therefore dismissed without prejudice to plaintiff’s filing within 30 days an amended com[*982] plaint limited to his claim of denial of eye care.

In its order, the district court concluded that Hatch’s claim of inadequate eye care (made under the eighth amendment) could withstand the defendants’ motion to dismiss but that Hatch would have to file an amended complaint naming the correct defendant on this claim. As indicated above, the court gave Hatch thirty days to submit his amended complaint. Instead of amending his complaint, Hatch filed his notice of appeal on March 4, 1987. Hatch never filed an amended complaint.

II.

The courts of appeals have jurisdiction over the “final decisions” of the district courts. 28 U.S.C. § 1291. The general rule is, of course, that “[i]f a district court’s dismissal leaves a plaintiff free to file an amended complaint, the dismissal is not considered a final appealable order.” Ordower v. Feldman, 826 F.2d 1569, 1572 (7th Cir.1987). See Coniston Corp. v. Village of Hoffman Estates, 844 F.2d 461, 463 (7th Cir.1988); Benjamin v. United States, 833 F.2d 669, 672 (7th Cir.1987); Grantham v. McGraw-Edison Co., 444 F.2d 210, 212 (7th Cir.1971); 9 Moore’s Federal Practice ¶ 110.08[1] (1986). Here, Hatch was not only free to file an amended complaint, but the district court expressly informed him of the basis for an amended complaint. Clearly, there was no final appealable order. This analysis is reinforced by the fact that the district court indicated that it contemplated further proceedings. Such indi cations reflect the lack of a final judgment. See American Interinsurance Exchange v. Occidental Fire & Cas. Co., 835 F.2d 157, 158 (7th Cir.1987); cf. Hickey v. Duffy, 827 F.2d 234, 238 (7th Cir.1987) (appellate jurisdiction found where “the existing judgment was the last thing the district judge planned to do”). It is readily apparent from the district court’s dismissal here that he anticipated further proceedings.

We turn next to the jurisdictional implications of the 30-day complaint amendment period. As noted above, the district court did give Hatch a 30-day limit within which to file his amended complaint; that time has, obviously, elapsed. The passage of this period did not, however, convert the district court’s nonfinal decision into a final order. A final judgment must be (1) set forth on a separate document and (2) entered on the district court civil docket sheet. Fed.R.Civ.P. 58, see, Williams v. Burlington Northern, Inc., 832 F.2d 100 (7th Cir.1987). A final judgment must meet these two prerequisites before it becomes effective. Id. Both of these requirements must be met before a final ap-pealable order comes into being. 9 Moore’s Federal Practice ¶ 110.08[2] (1986). This rule is designed to make certain the matter of appealability. Id. Adherence to Rule 58 is necessary to let the parties and the appellate court know exactly when a final judgment has been entered. Reytblatt v. Denton, 812 F.2d 1042, 1043 (7th Cir.1987). “The entry of a final judgment under Rule 58 starts the clock for an appeal. But a document that does not dispose of the ease does not start the clock.” Id. (citation omitted). Thus, although Hatch’s 30 days for amendment of his complaint may have passed, because the requisites of Rule 58 were not met, no final appealable order is before this court.

Finally, we take this opportunity to remind the district courts of the essential role Rule 58 plays in the appellate process. As noted in Reytblatt, Rule 58 is designed to produce clarity. 812 F.2d at 1043. It informs the parties and the appellate court what has been decided and when. Id. Careful adherence to Rule 58 clearly designates the existence of a final appealable order. Benjamin, 833 F.2d at 672.

In this case, the district court “dismissed without prejudice to plaintiff’s filing within 30 days an amended complaint limited to his claim of denial of eye care.” Setting a time limit in which a plaintiff must amend his complaint is a useful procedure. However, a district court should go one step further; in its dismissal, the court should instruct the clerk to enter judgment, pursuant to Rule 58, if the plaintiff fails to amend his complaint within the specified period:

[*983] [A]n order which simply dismisses a complaint with leave to replead is neither final nor appealable. Such a disposition does an injustice to both parties. A plaintiff is entitled to have an appellate court review the sufficiency of the dismissed pleading; a defendant has a legitimate interest in knowing that a dismissed action will not be renewed sometime in the distant future by the filing of an amended complaint. Therefore, the ideal disposition in eases such as these is to grant leave to replead within a specified time period, with a direction to the clerk to enter judgment if no amended complaint is forthcoming. Such an order would safeguard the interest of all the litigants and provide the appellate court a clear basis for determining its finality.

Elfenbein v. Gulf & Western Indus., Inc., 590 F.2d 445, 450 (2d Cir.1978). We recommend this procedure to the district courts.

Appeal Dismissed.