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Mason Williams v. the Commissary Department of the

March 30, 2011

MASON WILLIAMS, PLAINTIFF-APPELLANT,
v.
THE COMMISSARY DEPARTMENT OF THE
ILLINOIS DEPARTMENT OF CORRECTIONS, PONTIAC CORRECTIONAL CENTER; PATRICK QUINN, GOVERNOR; MICHAEL RANDALL, DIRECTOR; JOSEPH V. MATHY, WARDEN; MARCUS HARDY, ASSISTANT WARDEN; MARK ALLAN, COMMISSARY SUPERVISOR; MARK SPENCER, LAW LIBRARY SUPERVISOR; AND
PROPERTY SUPERVISOR, JENNIFER H. BAUKNECHT, DEFENDANTS-APPELLEES.



Appeal from Circuit Court of Livingston County No. 09MR79 Honorable MARY RITZELL, Judge Presiding.

The opinion of the court was delivered by: Justice Steigmann

JUSTICE STEIGMANN delivered the judgment of the court, with opinion.

Justices Turner and Appleton concurred in the judgment and opinion.

OPINION

In July 2009, plaintiff, Mason Williams pro se filed a complaint pursuant to section 1983 of the federal Civil Rights Act of 1991 (42 U.S.C. §1983 (1994)). In January 2010, the trial court dismissed Williams' complaint, noting that Williams' complaint was frivolous and lacked "any arguable basis in law or fact." Williams appeals that dismissal, and we affirm.

I. BACKGROUND

In May 1994, while serving an 18-year prison sentence, a jury convicted Williams of two counts of aggravated battery on a correctional officer (720 ILCS 5/12-4(b)(6) (West 1992)). The trial court thereafter sentenced Williams to 10 years in prison on each count, with the sentences to run consecutively. In February 1996, we affirmed Williams' conviction and sentences. People v. Williams, 277 Ill. App. 3d 1053, 661 N.E.2d 1186 (1996).

Since our opinion in Williams was published in February 1996, Williams has filed the following civil appeals, expressing dissatisfaction in one way or another with his prison accommodations, all of which this court or the federal courts have rejected:

A. Cases Filed in This Court * Williams v. Walker, No. 4-05-0448 (June 13, 2006) (unpublished order under Supreme Court Rule 23) (prisoner civil rights claim); * Williams v. Dallas, No. 4-06-1102 (December 21, 2007) (unpublished order under Supreme Court Rule 23) (prisoner mandamus petition); * Williams v. Health Care Services, No. 4-06-1101 (December 28, 2007) (unpublished order under Supreme Court Rule 23) (prisoner claim against prison health-care providers); * Williams v. Illinois Department of Corrections, No. 4-10-0128 (February 18, 2011) (unpublished order under Supreme Court Rule 23) (prisoner mandamus petition);

B. Cases Filed in Federal Court * Williams v. Snyder, No. 00-cv-01372 (C.D. Ill. 2000)(petition for writ of habeas corpus (general)) filed November 1, 2000, and closed November 6, 2000;

* Williams v. Mote, No. 04-cv-01208 (C.D. Ill. 2004) (petition for writ of habeas corpus (prison conditions)) filed June 29, 2004, and closed July 29, 2004; * Williams v. McAdory, No. 04-cv-01438 (C.D. Ill. 2005) (prisoner civil rights claim) filed December 23, 2004, and closed January 18, 2005; * Williams v. Mote, No. 04-cv-01439 (C.D. Ill. 2005)(prisoner civil rights claim) filed December 23, 2004, and closed January 20, 2005; * Williams v. Walker, No. 05-cv-01004 (C.D. Ill. 2005)(prisoner civil rights claim) filed January 4, 2005, and closed January 18, 2005; * Williams v. Wexford Health Care Service, No. 06-cv-01105 (C.D. Ill. 2006)(prisoner civil rights claim) filed April 21, 2006, and closed May 2, 2006; * Williams v. Attorney General of the State of Illinois,No. 06-cv-01199 (C.D. Ill. 2006) (petition for writ of habeas corpus (general)) filed August 7, 2006, and closed August 8, 2006; * Williams v. Mahone, No. 10-cv-01289 (C.D. Ill. 2010) (petition for writ of habeas corpus (prison conditions)) filed September 23, 2010, and closed October 8, 2010.

C. The Current Case

In July 2009, Williams pro se filed a complaint pursuant to section 1983, alleging that defendants, Commissary Depart- ment of the Illinois Department of Corrections (DOC), Pontiac Correctional Center, the Illinois Governor, and various DOC employees, violated his rights by (1) limiting his spending at the prison commissary and (2) restricting him from enjoying sufficient consumption of radio, television, and magazines. In January 2010, the trial court dismissed ...


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