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Anthony J. Brodzki v. Illinois State Patrol

August 3, 2011

ANTHONY J. BRODZKI, PLAINTIFF,
v.
ILLINOIS STATE PATROL, DEFENDANT.



The opinion of the court was delivered by: Richard Mills, U.S. District Judge:

E-FILED

Wednesday, 03 August, 2011 03:45:03 PM

Clerk, U.S. District Court, ILCD

ORDER

Plaintiff Anthony J. Brodzki brings this Section 1983 action against the "Illinois State Patrol."*fn1 The Complaint is dismissed without prejudice.

I. IFP Petition The Plaintiff has submitted an affidavit under 28 U.S.C. § 1915(a) demonstrating that he is unable to prepay the fees or costs associated with filing this action. Accordingly, the Plaintiff's Petition to Proceed In Forma Pauperis [d/e 2] is allowed.

II. Screening of Complaint Pursuant to 28 U.S.C. § 1915(e)(2) Congress has directed federal courts to dismiss in forma pauperis cases under certain circumstances:

(e)(2) Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that-

(A) the allegation of poverty is untrue; or

(B) the action or appeal-

(i) is frivolous or malicious;

(ii) fails to state a claim on which relief may be granted; or

(iii) seeks relief against a defendant who is immune from such suit.

28 U.S.C. ยง 1915(e)(2). Consequently, the Court will screen Plaintiff's Complaint before it ...


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