Prescott v. Travers
| Andrew Prescott |
| Robert M Travers |
| 1:2023cv01084 |
| February 27, 2023 |
| US District Court for the Central District of Illinois |
| Jonathan E Hawley |
| James E Shadid |
| Civil Rights: Other |
| 42 U.S.C. ยง 1981 Civil Rights |
| None |
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| Document Text |
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| Set Deadline: Deficiencies to be remedied by 4/6/2023. (VH) |
TEXT ONLY ORDER: Plaintiff filed a complaint and petition to proceed in forma pauperis (IFP). Plaintiffs IFP request is reviewed under 28 U.S.C. 1915 which is designed to ensure indigent litigants meaningful access to the federal courts. Neitzke v. Williams, 490 U.S. 319, 327 (1989). The court must deny an IFP request, however, if (1) the allegation of poverty is untrue; (2) the action is frivolous; (3) the action fails to state a claim; or (4) the action seeks monetary relief against an immune defendant. 28 U.S.C. 1915(e)(2); see also Hutchinson v. Spink, 126 F.3d 895, 899 (7th Cir. 1997) (recognizing applicability of 1915 to cases brought by nonprisoners). Plaintiff Andrew Prescott alleges that Judge Robert Travers violated Plaintiffs constitutional right to a fair and impartial trial while presiding over a civil lawsuit between Plaintiff and an unspecified Illinois bank. Plaintiff alleges that Judge Travers was prejudiced against him because he represented himself, held ex parte meetings with the defense counsel, and failed to be fair and impartial in the litigation. Plaintiff alleges that this violated his rights under the Fifth, Sixth, and Fourteenth Amendments to the Constitution among other provisions. Plaintiff seeks monetary relief from Judge Travers and a preliminary injunction barring Travers from hearing cases involving pro se litigants for one year. It is well-settled that judges are absolutely immune from damages for their judicial acts. Myrick v. Greenwood, 856 F.3d 487, 488 (7th Cir. 2017). [J]udicial immunity is not overcome by allegations of bad faith or malice. Mireles v. Waco, 502 U.S. 9, 11 (1991). As all of the improper acts alleged by Plaintiff fall squarely within the judicial function, Judge Travers is immune from monetary relief. To the extent he seeks an injunction barring Judge Travers from overseeing cases with other pro se litigants, he lacks standing as he has not alleged that he will be affected by Judge Travers prejudice against pro se litigants in the future. Lyons v. City of Los Angeles, 461 U.S. 95 (1983). For these reasons, Plaintiffs motion #2 to proceed in forma pauperis is hereby DENIED. If Plaintiff wishes to proceed with this lawsuit, he is directed to pay the filing fee with the Clerk of the Court within 30 days. Otherwise, his case will be dismissed. Entered by Judge James E. Shadid on 3/7/2023. (Townsend, Madeline)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Plaintiff Andrew Prescott. Responses due by 3/13/2023 (FDS) |
| Filing 1 COMPLAINT by Plaintiff Andrew Prescott and against Defendant Robert M. Travers. (Main Document 1 replaced on 2/27/2023) (FDS). Modified on 2/27/2023 (FDS). (Additional attachment(s) added on 2/27/2023: #1 Summons) (FDS). |
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| Plaintiff: Andrew Prescott | |
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| Defendant: Robert M Travers | |
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