United States District Court, C.D. Illinois, Springfield Division
MYERSCOUGH UNITED STATES DISTRICT JUDGE.
matter comes before the Court on the Application to Proceed
in District Court Without Prepaying Fees or Costs (d/e 2).
This is one of four cases Plaintiff Cheryl Savage has filed
in in this Court during the month of August
2019. Also listed as a Plaintiff is John
Rutherford, but he did not sign the Complaint. Plaintiffs
have not paid the filing fee. Ms. Savage has filed an
affidavit demonstrating she is unable to prepay fees or costs
associated with filing this action. She indicates therein
that John Rutherford is her 93-year-old father and that she
lives with him. Because Mr. Rutherford has not signed the
Complaint and has not filed an application to proceed without
prepaying fees or costs, Mr. Rutherford is dismissed from
this action. Ms. Savage is granted leave to proceed in forma
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 the Court lacks
jurisdiction and the Complaint fails to state a claim, the
Complaint is dismissed without prejudice.
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 omitted). The following
facts come from the Complaint.
Savage names as Defendants in the caption of her lawsuit
Premier Bank of Jacksonville (Premier Bank); Town and Country
Bank of Jacksonville (Town and Country); Paul White, former
CEO of Premier Bank and president of Town and County; and
Eddie Carpenter, an attorney with Premier Bank.
Savage alleges, in 2013, that she agreed to purchase rental
property at 7 Turner Road, Jacksonville, Illinois, owned by
her mother, Patricia Rutherford, for $68, 000. Ms. Savage
borrowed money from Farmers State Bank through loan officer
Bob Myers, who was previously employed at Premier Bank. The
closing statement from the title company showed a mortgage
owed to Premier Bank for $30, 088.05. After several months of
Ms. Savage arguing with the bank, Premier Bank determined the
Rutherfords must have paid the mortgage and failed to file a
release. Premier Bank issued a Release of Lien, which Ms.
Savage filed. However, Bob Myers at Farmer's State Bank
cancelled the loan, stating Paul White had been in his office
numerous times and Myers did not want to do the loan or have
anything to do with Paul White. Ms. Savage alleges that:
APEX had Savage file RESPA & Discovery on Turner loan.
Bank replied, “There has never been a loan in that bank
on 7 Turner Rd ever nor has a note with that number ever
existed in that bank ever.[”]
Savage alleges that White forged a fake mortgage document
claiming a lien on “plaintiff's” property and
forged signatures to take “plaintiff's property
that they had no right to.” Ms. Savage alleges that
Carpenter sent a copy of the mortgage with forged signatures
to the title company and told a title company employee not to
talk to Ms. Savage or give her copies of anything. Carpenter
allegedly participated in the forged mortgage document with
forged signatures to stop the sale of the property and the
sale was canceled by the bank who was lending Plaintiff money
to buy the property.
Savage further alleges that Defendants fabricated mortgages
and signatures, which caused Ms. Savage bleeding ulcers,
hives, and other medical conditions. She also claims that her
land/home was foreclosed on as a result of the forged
document with forged signature. Ms. Savage seeks $5 million
in compensatory damages and punitive damages. The Civil Cover
Sheet identifies the causes of action as “1542c &
1601 Truth Lending, etc.” and “Abusive Mortgage
Violations of TILA, OCC, CFPB etc.” The Complaint form
itself invokes jurisdiction under 28 U.S.C. §1331, 28
U.S.C. § 1343(a)(3), and/or 42 U.S.C. § 1983.
Court finds that the Complaint fails to state a federal claim
for relief. The Complaint, which Ms. Savage completed on a
preprinted form, invokes jurisdiction under 28 U.S.C.
§1331, 28 U.S.C. § 1343(a)(3), and/or 42 U.S.C.
1331 provides that “district courts shall have original
jurisdiction of all civil actions arising under the
Constitution, laws, or treaties of the United States.”
28 U.S.C. § 1331. To invoke jurisdiction under §
1331, Ms. Savage must bring a claim arising under federal
law. Section 1343(a)(3) “covers only civil rights
claims against state actors and has had no legal effect since
1976, when Congress amended § 1331 to eliminate any
amount-in-controversy requirement” Myles v. United
States, 416 F.3d 551, 554 (7th Cir. 2005). Finally, to
bring a claim under § 1983, a plaintiff must allege (1)
the deprivation of a right secured by the Constitution or
laws of the United States and (2) the alleged deprivation was
committed by a person acting under color of law.
Rodriguez v. Plymouth Ambulance Serv., 577 F.3d 816,
822 (7th Cir. 2009). Ms. Savage has not plausibly alleged a
§ 1983 claim here.
Savage's Civil Cover Sheet identifies “1542c &
1601 Truth in Lending etc.” and “abusive mortgage
violations of TILA, OCC, CFPB, etc.” Her references to
OCC and CFPB are not clear. She may be referring to the
Office of the Comptroller of the Currency and the Consumer