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Blake H. Conyers (#2012-0227094 v. Denise Hamilton

October 29, 2012

BLAKE H. CONYERS (#2012-0227094)
v.
DENISE HAMILTON, ET AL.



Name of Assigned Judge JOHN J. THARP, JR. Sitting Judge if Other or Magistrate Judge than Assigned Judge

CASE TITLE

DOCKET ENTRY TEXT:

The plaintiff's motion for leave to proceed in forma pauperis [#3] is granted. However, the complaint is summarily dismissed on initial review pursuant to 28 U.S.C. § 1915A for failure to state an actionable federal claim. The case is terminated. The trust fund officer at the plaintiff's place of incarceration is authorized and ordered to make deductions from the plaintiff's account and payments to the clerk of court as stated herein. The clerk is directed to mail a copy of this order to the Supervisor of Inmate Trust Fund Accounts, Cook County Dept. of Corrections Administrative Office, Division V, 2700 S. California, Chicago, Illinois 60608. This is one of the plaintiff's three allotted dismissals under 28 U.S.C. § 1915(g).

O [For further details see text below.]

Docketing to mail notices.

The plaintiff, an inmate in the custody of the Cook County Department of Corrections, has brought this pro se civil rights action pursuant to 42 U.S.C. § 1983. The plaintiff claims that a former girlfriend filed a false police report, and that the responding officers wrongfully arrested and maliciously prosecuted him for domestic battery.

The court finds that the plaintiff is unable to prepay the filing fee. The court accordingly grants the plaintiff's motion for leave to proceed in forma pauperis and assesses an initial partial filing fee of $1.67 pursuant to 28 U.S.C. §1915(b)(1). The trust officer at the plaintiff's place of incarceration is directed to collect, when funds exist, the partial filing fee from the plaintiff's trust fund account and pay it directly to the clerk of court. Thereafter, the trust fund officer at the plaintiff's place of confinement is directed to collect monthly payments from the plaintiff's trust fund account in the amount of 20% of the preceding month's income credited to the account. Monthly payments collected from the plaintiff's trust fund account shall be forwarded to the clerk of court each time the account balance exceeds $10 until the full $350 filing fee is paid. All payments shall be sent to the Clerk, United States District Court, 219 S. Dearborn St., Chicago, Illinois 60604, attn: Cashier's Desk, 20th Floor, and shall clearly identify the plaintiff's name and the case number assigned to this action.

However, under 28 U.S.C. § 1915A, the court is required to dismiss a suit brought in forma pauperis at any time if the court determines that the suit is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief. Here, even accepting the plaintiff's factual allegations as true, the court finds that the complaint fails to state a federal claim as a matter of law.

FACTS

The plaintiff alleges that in June 2010, while on parole, he began dating defendant Hamilton. Hamilton often threatened that she would make a false report to the plaintiff's parole agent if he ever left her or cheated her, claiming that she had done just that with her ex-husband.

In September 2010, Hamilton's landlord evicted her on account of purported property damage and because of Hamilton's many calls to the police concerning domestic violence.

On September 25, 2010, after two days of partying, the plaintiff refused to allow Hamilton to drive her van because he thought that she was too drunk to drive safely. The plaintiff grabbed the keys from the ignition, told Hamilton that the relationship was over, then walked home. Hamilton yelled for the plaintiff to return her keys and vowed to have him arrested.

The next morning, the plaintiff made arrangements to return the keys at the home of Hamilton's relatives. When the plaintiff arrived at the house, he saw Hamilton's van parked in front of the house. Hamilton and two other individuals sat inside the van. Hamilton called the police, falsely reporting that the plaintiff was at her brother's house armed with a gun.

Chicago police officers responded to the 911 call. Officer "John Doe" approached the plaintiff and patted him down over his objections. The officer ...


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