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 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 pauperis.
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 Ms. Savage lacks
standing to bring this claim, the Complaint fails to state a
federal claim, and the Court lacks jurisdiction, 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. She alleges that Defendants fraudulently
fabricated loan documents and forged signatures so that they
could place liens and take property/land that they have no
right to take.
Ms. Savage alleges that, in November 2006, Premier Bank,
through Paul White, forged John Rutherford's name on loan
documents for a loan in the amount of $23, 000. White added
Mr. Rutherford's personal farm and home as collateral.
The loan was taken out by and received by Ms. Savage and,
according to Ms. Savage, Mr. Rutherford was not present and
did not sign the loan documents. In 2011, Ms. Savage saw in a
complaint filed in the courthouse that Mr. Rutherford's
name added to some of Ms. Savage's extensions of loans
and showed his personal guarantee given on November 8, 2006.
As a result, John Rutherford's land was foreclosed on,
causing him a bleeding ulcer, heart attacks, and other
medical conditions due to the stress and fear of the loss of
Savage seeks $2 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.
Savage does not have standing to bring this claim. A federal
court's jurisdiction is limited to “Cases”
and “Controversies, ” and no case or controversy
exists if the plaintiff lacks standing. U.S. Const. art. III,
§ 2; Johnson v. U.S. Office of Pers. Mgmt., 783
F.3d 655, 660 (7th Cir. 2015). A plaintiff establishes
standing by showing (1) that she suffered an injury that is
(a) concrete and particularized and (b) actual or imminent;
(2) the injury is fairly traceable to the challenged action
of the defendant; and (3) that it is likely that a favorable
decision will redress the injury. Berger v. Nat'l
Collegiate Athletic Ass'n, 843 F.3d 285, 289 (7th
Cir. 2016). A plaintiff generally must assert her own legal
rights and interests and cannot rest her claim to relief on
the legal rights or interests of third parties. Swanson
v. City of Chetek, 719 F.3d 780, 783 (7th Cir. 2013).
Ms. Savage alleges that Mr. Rutherford was harmed but does
not allege any injury to herself. Therefore, Ms. Savage lacks
standing to bring her claims.
addition, the Complaint fails to state a claim. 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. § 1983.
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