United States District Court, S.D. Illinois
KING MICHAEL OLIVER,  also known as MICHAEL OLIVER, #B89925, Plaintiff,
MICHAEL C. CARR, JAYSON CLARK, JUDGE GRACE, JUDGE BLOODWORTH, and G. ROWALD, Defendants.
MEMORANDUM AND ORDER
M. YANDLE UNITED STATES DISTRICT JUDGE
Michael Oliver, an inmate of the Illinois Department of
Corrections currently incarcerated at Shawnee Correctional
Center, brings this action pursuant to 42 U.S.C. § 1983
for alleged deprivations of his constitutional rights in a
state court criminal proceeding. He seeks monetary damages.
case is now before the Court for preliminary review of the
Complaint pursuant to 28 U.S.C. § 1915A. Under Section
1915A, the Court is required to screen prisoner Complaints to
filter out non-meritorious claims. See 28 U.S.C.
§ 1915A(a). Any portion of a Complaint that is legally
frivolous or malicious, fails to state a claim upon which
relief may be granted, or requests money damages from a
defendant who by law is immune from such relief must be
dismissed. 28 U.S.C. § 1915A(b).
Plaintiffs make the following allegations in the Complaint:
Plaintiff made requests for discovery prior to a preliminary
hearing in a state court criminal proceeding but did not
receive the discovery. (Doc. 1, pp. 3-4). During the
preliminary hearing, Judge Grace denied his second request
for discovery. (Id. at 4). In a subsequent
proceeding before Judge Bloodworth, Plaintiff was allowed to
briefly review the documents in open court. He was later
allowed to listen to audio recordings and view video
recordings. Plaintiff showed Clark his Facebook live footage
and Clark is trying to figure out a way to destroy that
evidence. (Id. at 4-5). The State requested a
continuance of the trial date and Judge Bloodworth granted it
in violation of Plaintiff's 120-day speedy trial demand.
(Id. at 3). Deputy Rowald's signature appears in
proofs of service on two documents from the State's
Attorney's Office which state Plaintiff was served by
hand delivery at the Jackson County Jail at a time when he
was not in custody at the jail.
asserts the following claims in the Complaint:
Count 1: Carr and Clark conspired to deprive Plaintiff of his
constitutional rights by denying his right to discovery.
Count 2: Judge Grace deprived Plaintiff of his constitutional
rights by denying his motion for discovery at the preliminary
Count 3: Judge Bloodworth did not correct the previous
deprivation of his right to discovery when it was brought to
Count 4: Judge Bloodworth, Carr, and Clark conspired to
deprive Plaintiff of his right to a 120-day speedy trial when
the State requested, and the Judge granted, a continuance of
the trial date.
Count 5: Clark and Deputy Rowald falsified documents because
the proofs of service state the documents were hand delivered
to Plaintiff at the Jackson County Jail at a time when he was
not in custody at the jail.
parties and the Court will use these designations in all
future pleadings and orders, unless otherwise directed by a
judicial officer of this Court. Any claim that is
mentioned in the Complaint but not addressed in this Order is
considered dismissed without prejudice as inadequately pled