Grayson v. Fuller et al
| Breyon Grayson |
| Andrew Fuller and City of Peoria |
| 1:2020cv01361 |
| October 21, 2020 |
| US District Court for the Central District of Illinois |
| Jonathan E Hawley |
| James E Shadid |
| Consumer Credit |
| 15 U.S.C. ยง 1692 |
| None |
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| Filing 3 JUDGMENT Entered. (AEM, ilcd) |
TEXT ORDER Entered by Judge James E. Shadid on 10/23/2020. Plaintiff has filed this action #1 against Andrew Fuller and City of Peoria asserting violations of the Fair Debt Collection Practices Act in relation to a bill he received from the City of Peoria for an ordinance violation. He seeks to advance his case without paying the filing fee. #2 . This matter, like others Plaintiff has filed recently, is a frivolous lawsuit based upon a fictitious sovereign citizen legal theory. See also 20-1348; 20-1363. Defendants are not debt collectors under the FDCPA, 15 U.S.C.A. 1692a(6), because the City of Peoria is a municipality not in the principal business of collecting debts. Thus, Plaintiffs Complaint fails to state a claim, and no attempt at amendment can make the City of Peoria a debt collector, so leave to amend will not be allowed. Plaintiffs Motion #2 to Proceed IFO is GRANTED, and this action is dismissed with prejudice for failure to state a claim. See 28 U.S.C. 1915(e). Finally, Plaintiff is warned that filing further frivolous or malicious lawsuits will earn him a filing bar and/or other sanction to prevent his abuse of judicial resources. Support Sys. Intl v. Mack, 45 F.3d 185 (7th Cir. 1995). The Clerk is directed to close the case. (AEM, ilcd)
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