IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
August 15, 2012
TYRONE DORN, PLAINTIFF,
CHRISTOPHER L. HIGGERSON, AND LISA MADIGAN, DEFENDANTS.
The opinion of the court was delivered by: Reagan, District Judge:
MEMORANDUM AND ORDER
Plaintiff, who was an inmate in the Illinois Department of Corrections at the time suit was filed, has brought this pro se civil rights action pursuant to 42 U.S.C. § 1983. Under 28 U.S.C. § 1915A, the Court is required to conduct a prompt threshold review of the complaint.*fn1
Plaintiff alleges that the Defendants, the Attorney General of the State of Illinois and an Assistant Attorney General, have defaulted on an agreement to settle another case brought by him in this District, Dorn v. Hamilton, et al., Case No. 07-247-GPM. He asks the Court in the present case to enforce the settlement agreement, as he understands the agreement.
Accepting Plaintiff's allegations as true, the Court finds that Plaintiff has not articulated a colorable federal cause of action against either Defendant. He has not alleged a federal constitutional claim at all. At best, his complaint sets forth a state law contract claim. Even though the alleged agreement was to settle a federal claim, where there is no diversity jurisdiction, a suit seeking to enforce the settlement could only be brought in state court. Lynch, Inc., v. SamataMason, Inc., 279 F.3d 487, 489 (7th Cir. 2002). Further, the proper defendant in such a case would be the parties to the settlement agreement, and not the attorneys. Ibid. Disposition
IT IS HEREBY ORDERED that Plaintiff's complaint is DISMISSED with prejudice. The Clerk shall enter judgment in favor of Defendants CHRISTOPHER L. HIGGERSON and LISA MADIGAN.
Plaintiff is ADVISED that this dismissal shall count as one of his allotted "strikes" under the provisions of 28 U.S.C. § 1915(g). Plaintiff's obligation to pay the filing fee for this action was incurred at the time the action was filed, thus the filing fee remains due and payable. See 28 U.S.C. § 1915(b)(1); Lucien v. Jockisch, 133 F.3d 464, 467 (7th Cir. 1998).
IT IS SO ORDERED.
MICHAEL J. REAGAN Unites States District Judge