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Gregory King v. Frank Spalding

March 21, 2012

GREGORY KING, PLAINTIFF,
v.
FRANK SPALDING, DEFENDANT.



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

E-FILED

Wednesday, 21 March, 2012 04:01:16 PM

Clerk, U.S. District Court, ILCD

ORDER

Defendant Frank Spaulding's Motion to Dismiss [d/e 9] is allowed for the following reasons.

I.

A.

Plaintiff Gregory King initiated this action against the Defendant on August 15, 2011, filing a six-page form civil rights complaint. See Complaint [d/e 1]. The Defendant is the manager of the Springfield Parole Office of the Illinois Department of Corrections.

According to the Complaint [d/e 1], the Plaintiff served an excessive period of incarceration in the Illinois Department of Corrections at the Dixon Correctional Center, Dixon, Illinois. The Plaintiff claims that he was not given proper credit for time spent confined at the Kane County Adult Justice Center, St. Charles, Illinois.

The Plaintiff alleges that he should have received credit pursuant to Jackson v. Fairman , 94 Ill. App. 3d 131 (4th Dist. 1981).

According to the Complaint, the Plaintiff brings this action under 42 U.S.C. §§ 1983, 1985, 1986. On the Civil Cover Sheet [d/e 1-1], the Plaintiff lists the following statutes in the "Cause of Action" box: 42 U.S.C.A. § 1983; 730 ILCS 5/3-3-9; and 735 ILCS 5/10-124.

Specifically, the Plaintiff claims that the Defendant "failed to intervene to protect plaintiff from violation of plaintiff's civil rights by one or more other defendants," "conspired together to violate one or more of plaintiff's civil rights," and "Failed to give county time served towards parole time. Never answered grievance."

The Plaintiff states that he was charged with "Aggravated domestic battery (1 count) Resisting arrest (2 counts)." The Plaintiff argues as follows:

I was found not guilty of domestic battery and 1 count of resisting. I served 7 months 8 days in the county of Kane for resisting. Resisting carries up to 364 days in county and good time must apply if no one was injured; that equals 6 months. The court exceeded its limit of jurisdiction as to sum. Parole was violated. I wrote a grievance to Springfield. It was never answered. I then spent another 8 months in prison after county time. (According to "Jackson v Fairman" I should have been given credit for county time towards parole time.) I should have been out April 15 because that was 8 months total ...


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