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.

DuBois v. Whittler

United States District Court, S.D. Illinois

February 16, 2018

ANDREW P. DUBOIS, #B-69761, Plaintiff,
v.
LEANN L. WHITTLER, and NICK LAMB, Defendants.

          MEMORANDUM AND ORDER

          ROSENSTENGEL, District Judge

         Plaintiff Andrew DuBois, an inmate of the Illinois Department of Corrections (“IDOC”) currently incarcerated at Lawrence Correctional Center (“Lawrence”), brings this action pursuant to 42 U.S.C. § 1983 in order to challenge the calculation of his sentence on Fourteenth Amendment due process grounds. (Doc. 1). DuBois claims that he should have been released on parole on August 27, 2017. (Doc. 1, p. 5). Due to an error in his sentence calculation, he remains incarcerated. (Doc. 1, pp. 1-2, 5). DuBois seeks monetary damages against Leann Whittler (records office executive) and Nick Lamb (warden) for allegedly failing to correct the error. (Doc. 1, p. 6).

         This case is now before the Court for a preliminary review of the Complaint pursuant to 28 U.S.C. § 1915A, which provides:

(a) Screening - The court shall review, before docketing, if feasible or, in any event, as soon as practicable after docketing, a complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity.
(b) Grounds for Dismissal - On review, the court shall identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint-
(1) is frivolous, malicious, or fails to state a claim on which relief may be granted; or
(2) seeks monetary relief from a defendant who is immune from such relief.

         An action or claim is frivolous if “it lacks an arguable basis either in law or in fact.” Neitzke v.Williams, 490 U.S. 319, 325 (1989). Frivolousness is an objective standard that refers to a claim that any reasonable person would find meritless. Lee v. Clinton, 209 F.3d 1025, 1026-27 (7th Cir. 2000). An action fails to state a claim upon which relief can be granted 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). The claim of entitlement to relief must cross “the line between possibility and plausibility.” Id. at 557. At this juncture, the factual allegations in the pro se complaint are to be liberally construed. See Rodriguez v. Plymouth Ambulance Serv., 577 F.3d 816, 821 (7th Cir. 2009).

         The Complaint

         According to the allegations in the Complaint, DuBois was sentenced to concurrent terms of three years in IDOC custody following his convictions in McLean County Nos. 14-CF-1438 and 14-CF-1186. Id. According to the Judgment dated December 28, 2015, and the Sentence Calculation Worksheet dated March 3, 2016, DuBois's projected parole date was June 27, 2017. Id.

         He subsequently entered into a plea agreement in McLean County No. 15-CF-1141. (Doc. 1, p. 5). On April 26, 2016, DuBois was sentenced to one year for this conviction, and he received credit for 120 days spent in custody. Id. The new sentence was supposed to run consecutive to the old sentences imposed in McLean County Nos. 14-CF-1438 and 14-CF-1186. Id. DuBois maintains that his adjusted projected parole date was August 27, 2017. Id.

         LeAnn Whittler, a records office executive, allegedly failed to apply the 120-day credit to DuBois's sentence. (Doc. 1, p. 5). When DuBois asked her to explain her calculation on or around June 16, 2017, Whittler indicated that she did apply the 120-day credit. (Doc. 1, pp. 5, 22). Even so, Whittler could not explain how or where she gave DuBois this credit, even when reviewing the Sentence Calculation Worksheet dated May 5, 2016. Id.

         To correct the alleged miscalculation, DuBois filed a letter in McLean County Circuit Court on or around August 3, 2017. (Doc. 1, p. 10). At the time, he had two appeals pending in McLean County Nos. 14-CF-1438 and 14-CF-1186. (Doc. 1, pp. 10-11). Judge Scott Drazewski responded to the letter by stating that the trial court lacked jurisdiction over the matter.[1] Id. On August 24, 2017, DuBois filed an emergency grievance with Warden Nick Lamb. (Doc. 1, pp. 5, 18-19). The grievance and appeal were ultimately denied by the Administrative Review Board. Id. He then commenced this action. DuBois claims that the conduct of Whittler and Lamb described above deprived him of his Fourteenth Amendment “right to parole.” Id.

         Merits Review Under 28 ...


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.