Harris v. Stone et al
| Rakeem Harris |
| Adam Stone, Taylor Turner, Donald Knapp, Lewis Liu, Jason Chambers and State of Illinois |
| 1:2022cv01027 |
| February 1, 2022 |
| US District Court for the Central District of Illinois |
| Jonathan E Hawley |
| James E Shadid |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
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| Filing 3 JUDGMENT entered. (VH) |
TEXT ORDER: On 2/2/22, the Court denied Plaintiffs petition to proceed in forma pauperis, finding the complaint was frivolous. Plaintiff was given 14 days to pay the full filing fee and advised that the failure to do so would result in the dismissal of his case for failure to prosecute. Plaintiff has not paid, and this case is DISMISSED without prejudice. Entered by Judge James E. Shadid on 2/22/22. (EE)
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| Set/Reset Deadlines: Filing Fee Deadline 2/16/2022 (FDS) |
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TEXT ONLY ORDER: Plaintiff has filed a Complaint #1 and Motion #2 to Proceed in forma pauperis. 28 U.S.C. 1915 governs proceedings in forma pauperis. Applicable here is 1915(e)(2)(B), which provides in relevant part that the Court must dismiss any action brought in forma pauperis when the action is frivolous or malicious, or where the plaintiff seeks monetary relief against a defendant who is immune from such relief. A review of Plaintiff's Complaint shows that Plaintiff's Complaint is both frivolous and seeks relief from defendants immune to such relief. In his Complaint, Plaintiff borrows heavily from other "sovereign citizen" pleadings, referencing the Uniform Commercial Code, referring to defendants as corporations, asserting his traffic ticket was issued unlawfully because of the absence of an "injured party," and asserting he is a citizen of "The Republic State of Illinois." These "shop-worn" theories of individual sovereignty are prime examples of frivolous litigation. See United States v. Benabe, 654 F.3d 753, 767 (7th Cir. 2011) (collecting cases) ("These [sovereign citizen] theories should be rejected summarily, however they are presented."). Further, Plaintiff's claims for monetary relief against a state court judge for conduct arising from his judicial duties are barred by absolute immunity. See Polzin v. Gage, 636 F.3d 834, 838 (7th Cir. 2011). Because Plaintiff's Complaint is frivolous and seeks relief from defendants immune from such relief, his Motion #2 to Proceed in forma pauperis is denied. Plaintiff must pay the filing fee in full if he wishes to advance this litigation. Failure to pay the filing fee in full within 14 days of this order will result in a dismissal for failure to prosecute. Entered by Judge James E. Shadid on 2/2/2022. (SJP)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Plaintiff Rakeem Harris. Responses due by 2/15/2022 (VH) |
| Filing 1 COMPLAINT against All Defendants, filed by Rakeem Harris. (Attachments: #1 Civil Cover Sheet, #2 Summons)(VH) |
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