Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Wyatt v. Napolitano

United States District Court, Seventh Circuit

September 5, 2013

ANTHONY LATEE'S WYATT, Plaintiff,
v.
JANET NAPOLITANO, ET AL., Defendants.

OPINION

SUE E. MYERSCOUGH, District Judge.

Plaintiff, Anthony Latee's Wyatt, proceeding pro se, has filed a Motion to Appeal Motion for a Temporary Restraining Order (d/e 11) and a Motion for Declaratory and Injunctive Relief. See d/e 10. Also pending are Plaintiff's Motion for Leave to Proceed In Forma Pauperis (d/e 2) and Plaintiff's Motion to Request Counsel. See d/e 3. Plaintiff's Motion for Declaratory and Injunctive Relief and Motion to Proceed In Forma Pauperis are DENIED because Plaintiff has not stated a federal claim for relief. Plaintiff's Motion to Request Counsel is DENIED as MOOT.

I. BACKGROUND

On July 29, 2013, Plaintiff filed a Complaint stating that the following occurred on September 21, 2011:

When I was first arriving to live with my mother "Choicette Wyatt" in Springfield, Illinois at 2533 Poplar, Springfield, Illinois, some F.B.I. Agents tried to beat me up. They kept arresting me and throwing me in Sangamon County Jail in Springfield, Il., telling the Sheriffs, I'm one of their "Bitches." Then, when I was dating this woman "Evelene Phillips, " some F.B.I. Agents broke into her house and beat her up and took her to Sangamon County Jail. She was living at 600 S. Spring St., Springfield, Illinois at the time the F.B.I. Agents beat her up inside of her house. I was there when it happened. They told me to leave before I got arrested too.

See d/e 1 at 5.

Plaintiff's Complaint alleged that two or more F.B.I. agents used excessive force on Plaintiff and a woman that Plaintiff had dated, Evelene Phillips. However, Plaintiff did not name the individual F.B.I. agents as defendants. Instead, the named Defendants were Secretary of Homeland Security Janet Napolitano, the Director of the Chicago Division of the Federal Bureau of Investigations during the 1920s James P. Rooney, Plaintiff's former girlfriend Evelene Phillips, Chicago landscaper LaMont Ervin-Bey, and Uptown People's Law Center Legal Director Alan Mills. The Court dismissed Plaintiff's Original Complaint without prejudice and with leave to replead by August 30, 2013.

Plaintiff also filed a Motion for Temporary Restraining Order on July 29, 2013 "requesting that a temporary restraining order be placed to prevent any misunderstandings while in court/litigation." See d/e 4. The Court denied that Motion because Plaintiff had not demonstrated he would suffer irreparable harm in the absence of such an order. See Order from August 2, 2013.

On August 30, 2013, Plaintiff filed a Motion for Declaratory and Injunctive Relief. The Motion appears to be an attempt by Plaintiff to state claims for relief against Sangamon County Sheriff's Office Director of the Records Division, Mr. Mike Walton, and Sangamon County Sheriff's Office Director of Court Security Officers, Lt. Jerry Durr.

Also on August 30, 2013, Plaintiff filed a Motion to Appeal the Court's denial of Plaintiff's Motion for Temporary Restraining Order. The Motion to Appeal will be construed as a Notice of Appeal. The Clerk shall ensure that the Seventh Circuit Court of Appeals receives notice of Plaintiff's intent to appeal this Court's decision on his Motion for Temporary Restraining Order. As stated, Plaintiff's Motion for Leave to Proceed In Forma Pauperis (d/e 2) and Plaintiff's Motion to Request Counsel remain pending. See d/e 3.

II. ANALYSIS

The "privilege to proceed without posting security for costs and fees is reserved to the many truly impoverished litigants who, within the District Court's sound discretion, would remain without legal remedy if such privilege were not afforded to them." Brewster v. North Am. Van Lines, Inc. , 461 F.2d 649, 651 (7th Cir. 1972). Additionally, a court must dismiss cases proceeding in forma pauperis "at any time" if the action is frivolous, malicious, or fails to state a claim, even if part of the filing fee has been paid. See 28 U.S.C. ยง 1915(d)(2). Accordingly, this Court grants leave to proceed in forma pauperis only if the complaint states a federal claim.

In reviewing a pro se plaintiff's complaint, the Court accepts the factual allegations as true, liberally construing those allegations in the plaintiff's favor. Turley v. Rednour, ___ F.3d ___ , 2013 WL 3336713, at *2 (7th Cir. 2013). However, conclusory statements and labels are insufficient. Enough facts must be provided to "state a claim for relief that is plausible on its ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.