Wallace v. Attorney General of the State of Illinois
Petitioner: Patrick B Wallace
Respondent: Attorney General of the State of Illinois
Case Number: 3:2019cv03194
Filed: August 8, 2019
Court: US District Court for the Central District of Illinois
Presiding Judge: Sue E Myerscough
Referring Judge: Tom Schanzle-Haskins
Nature of Suit: Mandamus & Other
Cause of Action: 28:1361
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 16, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 16, 2019 Opinion or Order TEXT ORDER: Plaintiff Patrick Wallace has filed a document titled "28 U.S.C. 1361 Motion to Compel Under 28 U.S.C. 2241." Plaintiff asks the Court to compel the Attorney General of the State of Illinois to produce information Plaintiff requested under the state Freedom of Information Act, 5 ILCS 140/11(a). The Eleventh Amendment bars Plaintiff's action against a state official in federal court for a violation of state law. Pennhurst State Sch. Hosp. v. Halderman, 465 U.S. 89, 121 (1984). In addition, 28 U.S.C. 1361 only applies to federal officials. See 28 U.S.C. 1361 ("The district courts shall have original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff."). Plaintiff brings this action against the Attorney General of the State of Illinois. Finally, 28 U.S.C. 2241 is "usually reserved for attacking the execution... of a sentence." Kramer v. Olson, 347 F.3d 214, 217 (7th Cir. 2003); see also Mory Lamas v. Gonzales, No. 07-3351 DMC, 2007 WL 2769660, at *2 (D. N.J. Sept. 21, 2007) (finding no jurisdiction under 28 U.S.C. 2241 for the petitioner's claim for transcripts and immigration records). Therefore, this case is DISMISSED WITHOUT PREJUDICE for lack of jurisdiction. This case is CLOSED. Entered by Judge Sue E. Myerscough on 08/16/2019. (SKN, ilcd)
August 8, 2019 Filing 1 28 USC 1361 MOTION to Compel Under 28 USC 2241 by Petitioner Patrick B Wallace. Responses due by 8/22/2019 (ME, ilcd)

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Petitioner: Patrick B Wallace
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Respondent: Attorney General of the State of Illinois
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