United States District Court, C.D. Illinois
MERIT REVIEW OPINION
MYERSCOUGH UNITED STATES DISTRICT JUDGE
proceeding pro se and detained in the Rushville Treatment and
Detention Center, seeks leave to proceed in forma pauperis.
"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. 28 U.S.C. § 1915(d)(2).
Accordingly, this Court grants leave to proceed in forma
pauperis only if the complaint states a federal claim.
reviewing the complaint, the Court accepts the factual
allegations as true, liberally construing them in
Plaintiff's favor. Turley v. Rednour, 729 F.3d
645, 649 (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 face.'" Alexander v. U.S.,
721 F.3d 418, 422 (7th Cir. 2013)(quoted cite
alleges that during a search of his room on June 13, 2016,
his property was thrown about and torn up, and that property
was wrongfully confiscated, including ten batteries in a
“crochet knit bag.” Plaintiff was then forced to
wear small handcuffs even though he was recovering from wrist
surgery. Plaintiff was found guilty of possessing dangerous
and/or unauthorized contraband. Plaintiff alleges he received
a harsher punishment for his purported infraction than white
residents have received for similar infractions.
these allegations, the Court cannot rule out possible
constitutional claims. However, the Court will wait to
delineate those claims until the record is developed further.
At this point the Court concludes only that Plaintiff's
complaint should be sent for service pursuant to the standard
procedures. Defendants may file a motion to dismiss as a
responsive pleading if they wish.
Plaintiff's petition to proceed in forma pauperis is
case is now in the process of service. Plaintiff is advised
to wait until counsel has appeared for Defendants before
filing any motions, in order to give Defendants notice and an
opportunity to respond to those motions. Motions filed before
Defendants' counsel has filed an appearance will
generally be denied as premature. Plaintiff need not submit
any evidence to the Court at this time, unless otherwise
directed by the Court.
Court will attempt service on Defendants by sending each
Defendant a waiver of service. Defendants have 60 days from
the date the waiver of service is sent to file an Answer. If
Defendants have not filed Answers or appeared through counsel
within 90 days of the entry of this order, Plaintiff may file
a motion requesting the status of service. After counsel has
appeared for Defendants, the Court will enter a scheduling
order setting deadlines for discovery and dispositive
respect to a Defendant who no longer works at the address
provided by Plaintiff, the entity for whom that Defendant
worked while at that address shall provide to the Clerk said
Defendant's current work address, or, if not known, said
Defendant's forwarding address. This information shall be
used only for effectuating service. Documentation of
forwarding addresses shall be retained only by the Clerk and
shall not be maintained in the public docket nor disclosed by
counsel has appeared for a Defendant, Plaintiff need not send
copies of his filings to that Defendant or to that
Defendant's counsel. Instead, the Clerk will file
Plaintiff's document electronically and send a notice of
electronic filing to defense counsel. The notice of
electronic filing shall constitute service on Defendants
pursuant to Local Rule 5.3. If electronic service on
Defendants is not available, Plaintiff will be notified and
Counsel for Defendants is hereby granted leave to depose
Plaintiff at Plaintiff's place of confinement. Counsel
for Defendants shall arrange the time for the deposition.
Plaintiff shall immediately notify the Court, in writing, of
any change in his mailing address and telephone number.
Plaintiff's failure to notify the Court of a change in
mailing address or phone ...