United States District Court, C.D. Illinois, Springfield Division
MYERSCOUGH, U.S. DISTRICT JUDGE
matter comes before the Court on the Application to Proceed
in District Court Without Prepaying Fees or Costs (d/e 2).
Plaintiff Micheal Gragg has not paid the filing fee but has
filed an affidavit demonstrating he is unable to prepay fees
or costs associated with filing this action. Therefore, the
Application to Proceed in District Court Without Prepaying
Fees or Costs is GRANTED.
Court must dismiss any case brought in forma pauperis if the
case fails to state a claim for which relief may be granted.
28 U.S.C. § 1915(e)(2)(B)(ii). Because this Court lacks
jurisdiction and Plaintiff fails to state a claim, the
Amended Complaint is dismissed with leave to replead.
reviewing the Amended 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 omitted). The following
facts come from the Amended Complaint.
2019, Plaintiff was sitting at the McDonald's located at
the intersection of 5th and South Grand with his
seeing-eye-dog collie named Lassie. The Springfield Police
Department approached Plaintiff, stole his dog, and threw
Plaintiff on the ground. The police said they had a report of
Plaintiff abusing his dog. Plaintiff alleges the police
report states there was no evidence to take the dog, but the
Humane Society of Central Illinois managed to file suit in
Sangamon County with a court date of October 16. A public
defender was appointed to represent Plaintiff.
also attached a copy of the docket of People v.
Gragg, Sangamon County No. 2019-CM-590 to the Amended
Complaint. This document shows that, on June 22, 2019, the
State filed a criminal misdemeanor complaint against
Plaintiff alleging cruel treatment of animals (510 ILCS
70/3.01) and violation of owner's duties (510 ILCS 70/3).
The next court date is October 16, 2019. See also
(last visited August 6, 2019).
also attaches the police report to his amended complaint.
“A copy of a written instrument that is an exhibit to a
pleading is part of the pleading for all purposes.”
Fed.R.Civ.P. 10(c). The court can independently examine the
document to form its own conclusions as to the proper
construction and meaning to be given to the document and need
not accept the plaintiff's allegations as to the effect
of the document. Rosenblum v. Travelbuys.com Ltd.,
299 F.3d 657, 661 (7th Cir. 2002) (quoting 5 Wright &
Miller, Federal Practice & Procedure: Civil 2d,
§ 1327 at 766 (1990)).
police report reflects that the officers received a call from
a person sitting at the stoplight at 5th and South Grand who
claims she saw Plaintiff hit and kick the dog. Plaintiff
denied doing so.
report states Plaintiff told the officer the dog did not have
its shots yet, that he did not have food or water with him,
and that he did not have shelter for the dog because he was
report indicates that officers informed Jill Egizii-
president of Wild K9 Rescue and a Humane Investigator with
the Department of Agriculture-and another person, whose name
is redacted, that the officers “did not have
enough” to take the dog because the dog showed no
obvious signs of injury. Police Report at 3 (d/e 6) Jill
stated she could take the dog for not having food and water.
The dog was left in the care of “Jill and
[redacted].” Plaintiff alleges:
(1) he was falsely imprisoned and falsely arrested or
(2) that Defendant slandered him due to the lawsuit because
he is innocent
(3) Defendant harassed Plaintiff by following his every move
so they ...