United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
MICHAEL J. REAGAN U.S. District Judge
3, 2016, Plaintiff John McCuan filed an unsigned Complaint
(Doc. 1) in this Court pursuant to 42 U.S.C. § 1983. In
it, he named as defendants thirty-one known and numerous
unknown public officials, local merchants, and individuals in
Perry and Williamson Counties, Illinois (Doc. 1). Plaintiff
claimed that these individuals forced him to live in
“sexual servitude” for more than two decades and,
in the process, infected him with syphilis. Following a real
estate dispute with one or more of these defendants,
Plaintiff was charged with several crimes that include
threatening a public official. Plaintiff requested injunctive
relief, including a temporary restraining order
(“TRO”) compelling all courts to dismiss any
pending criminal charges against Plaintiff (Doc. 1, p. 7).
10, 2016, this Court entered an Order denying Plaintiff's
request for a TRO and directing him to submit a properly
signed Complaint on or before July 15, 2016 (Doc. 6).
Plaintiff filed a signed First Amended Complaint (Doc. 10) on
August 15, 2016, after requesting and receiving an extension
of the original deadline for doing so. The First Amended
Complaint supersedes and replaces the original, rendering the
original Complaint (Doc. 1) void. See Flannery v.
Recording Indus. Ass'n of Am., 354 F.3d 632, 638 n.
1 (7th Cir. 2004). The First Amended Complaint is now before
this Court for preliminary review, along with Plaintiff's
Motion for Leave to Proceed In Forma Pauperis
(“IFP motion”) (Doc. 2).
Court will first address Plaintiff's request to proceed
in this action without prepaying the $400.00 filing fee
(see Doc. 2). At the time he filed his Complaint
(Doc. 1), Plaintiff was not a
“prisoner” under the in forma pauperis
statute. See 28 U.S.C. § 1915(h). A federal
district court may nevertheless allow a civil case to proceed
without prepayment of fees, if the movant “submits an
affidavit that includes a statement of all assets [he]
possesses [showing] that the person is unable to pay such
fees or give security therefor.” See 28 U.S.C.
§ 1915(a)(1). Plaintiff has done so in the instant case
§ 1915(e)(2), a court can still deny a qualified
plaintiff leave to proceed IFP or dismiss a case if the
action is clearly frivolous or malicious, fails to state a
claim, or is a claim for money damages against an immune
defendant. 28 U.S.C. § 1915(e)(2)(B). The test for
determining if an action is frivolous or without merit is
whether the plaintiff can make a rational argument on the law
or facts in support of the claim. Neitzke v.
Williams, 490 U.S. 319, 325 (1989); Corgain v.
Miller, 708 F.2d 1241, 1247 (7th Cir. 1983). An action
fails to state a claim if it does not plead “enough
facts to state a claim to relief that is plausible on its
face.” Bell Atlantic Corp. v. Twombly, 550
U.S. 544, 570 (2007). When assessing an application to
proceed IFP, a district court should inquire into the merits
of the movant's claims, and if the court finds them to be
frivolous, it should deny leave to proceed IFP. Lucien v.
Roegner, 682 F.2d 625, 626 (7th Cir. 1982).
First Amended Complaint is clearly frivolous (Doc. 1, 1-2).
In it, he names fifty-three known defendants as well as an
“undetermined number of John Doe and Jane Doe
Defendants” (Doc. 10, pp. 1-3). The known defendants
include an impressive list of Hollywood actors and actresses,
private citizens, state officials, and a satanic cult. He
fails to mention most of them in the First Amended Complaint,
often focusing instead on the conduct of individuals who are
not named as defendants.
describes events dating back to 1983, when he met Debbie
Sharow in Long Island, New York. Sharow allegedly said that
she wanted to “punk [him] out” (Doc. 10-2, p. 1).
Plaintiff had no idea what this meant, until Sharow and other
members of the Leviathan Church, a satanic cult, drugged and
abused Plaintiff in numerous states that include Illinois.
For more than thirty years, these cult members regularly
drugged Plaintiff, forced him to sign contracts, sexually
assaulted him, and took his money (id. at 4).
claims that officials in Williamson and Perry Counties were
involved in this conspiracy. To silence Plaintiff, they
charged him with crimes that resulted in his incarceration at
various times during the past thirty-three years. While
incarcerated, Plaintiff alleges that he was repeatedly
drugged, raped, and videotaped by officials who are not named
as defendants in this action. These videotapes were released
to undisclosed individuals. Plaintiff has viewed them on
cable television (id).
goes on to allege, tangentially, that Shannen Doherty, a star
of the hit television series 90210, repeatedly
visited his parents' home in 2003. Doherty demanded that
Plaintiff assassinate President George W. Bush, Jr. because
he would not legalize gay marriage. Plaintiff claims that
Doherty made this demand of him on three separate occasions.
2004, Plaintiff was taken into custody for an undisclosed
period of time. He was allegedly drugged, assaulted, and
subjected to threats on his life by officials at Williamson
County Jail. Plaintiff does not identify these individuals
(even in generic terms) or name them as defendants in this
his release, Sharow again found Plaintiff and subjected him
to another decade of involuntary sexual servitude. Beginning
in 2013 or 2014, Plaintiff alleges that members of the
Leviathan Church and local law enforcement officials began
pressuring Plaintiff to “sign over deeds to [his] house
and property” while also forcing him to make gay porn
(id. at 11-12). When he refused, Plaintiff was
charged with threatening a public official in Perry County,
Illinois. The instant action followed.
seeks monetary damages and injunctive relief against the
defendants. He seeks an order dismissing all charges now
pending against him and an order restraining defendants from