Clark v. Vespa et al
| Tanya Clark |
| Gerald Brady, Jr, Larry M Evans, Peoria County Sheriff Department, All Wrongdoer(s)/Violators, natural living being man/woman, Individually in each individual, private, commercial, incorporeal, and corporate capacity, Robert M Spears, John Spears, Peoria County State Attorney Office, City of Peoria Police Department, Peoria, Illinois, Peoria County Tenth Judicial Circuit Court, Peoria, Illinois, John P. Vespa, Delmar Ronell Gallion, Paul Gilfillan, Kori Higgins, Jerry Brady and Albert Purham |
| 1:2019cv02794 |
| April 25, 2019 |
| US District Court for the Northern District of Illinois |
| John Robert Blakey |
| Racketeer/Corrupt Organization |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 14, 2019. A more recent docket listing may be available from PACER.
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| Filing 12 MAIL RETURNED, for document #6 sent to Tanya Clark returned as undeliverable, return to sender. No new contact information received; however the document will be mailed a second time. (pk, ) |
| Filing 11 EXHIBIT(S) of Notice and Demand of change of venue and case remanded and removed to Federal Court-United States of America District Court for the Northern District by Plaintiff Tanya Clark. (mc, ) |
| Filing 10 MAIL RETURNED, for document #7 sent to Tanya Clark returned as undeliverable, return to sender. No new contact information received; No new contact information received; however the document will be mailed a second time. (mc, ) |
| Filing 9 ENTERED JUDGMENT Mailed notice(gel, ) |
| Filing 8 MINUTE entry before the Honorable John Robert Blakey: Plaintiff's complaint is dismissed on initial review under 28 U.S.C. 1915(e)(2)(B). See Rowe v. Shake, 196 F.3d 778, 783 (7th Cir. 1999) (district courts have the power to screen complaints filed by all litigants, prisoners and non-prisoners alike, regardless of fee status; courts may screen the complaint prior to service on the defendants, and must dismiss the complaint if it fails to state a claim). Plaintiff's complaint purports to allege violation of her constitutional rights, yet the complaint includes no facts to support such a claim. Plaintiff's complaint alleges general wrongdoing on the part of certain named public servants (John Vespa, Gerald Brady, Albert Purham, Robert Spears, Kori Higgins, John Spears, Paul Gilfillan, Larry Evans, Delmar Gallion) but she does not say what they did to violate her constitutional rights. The documents attached to her complaint suggest that she is challenging a state circuit court prosecution for violation of an order of protection entered in a state domestic relations court. As this Court previously advised Plaintiff in Clark v. Purham, Case No. 18-cv-1185, such a challenge is precluded. To the extent she is seeking to overturn or modify those orders in this Court, her claim is barred by the Rooker-Feldman doctrine, which precludes federal jurisdiction over "cases brought by state-court losers complaining of injuries caused by state-court judgments rendered before the district court proceedings commenced." Exxon Mobil Corp. v. Saudi Basic Indus. Corp., 544 U.S. 280, 284 (2005) (citing D.C. Court of Appeals v. Feldman, 460 U.S. 462, 486 (1983); Rooker v. Fid. Trust Co., 263 U.S. 413, 415416 (1923)). Accepting Plaintiff's allegations, the primary source of her injuries is the state court judge's finding that she violated an order of protection. Plaintiff cannot circumvent Rooker-Feldman by recasting her complaint in the form of a federal civil rights action. E.g., Remer v. Burlington Area Sch. Dist., 205 F.3d 990, 997 (7th Cir. 2000). And even if Rooker-Feldman did not preclude review, Plaintiff's claims nonetheless fail because the individuals she seeks to sue here -- namely, state's attorneys and judges -- are immune from suit. See Imbler v. Pachtman, 424 U.S. 409, 431 (1976); Burns v. United States, No. 18-3514, 2019 WL 1568076, at *1 (7th Cir. Apr. 11, 2019). Accordingly, Plaintiff's complaint is dismissed and this case is closed. All set dates, including the 6/13/19 initial status conference, are stricken. Civil case terminated. Mailed notice (gel, ) |
| Filing 7 MINUTE entry before the Honorable John Robert Blakey: This case has been assigned to the calendar of the Honorable John Robert Blakey. Pursuant to General Order 17-0005, this case falls within the Mandatory Initial Discovery Pilot (MIDP) Project, and the "Standing Order in MIDP Cases" now governs the conduct of the litigants in this matter. Under the MIDP, this Court shall enforce the MIDP Standing Order via the Court's inherent authority (including the contempt of court power) and the Federal Rules of Civil Procedure. Consequently, both the parties and their attorneys are hereby ordered to review and fully comply with the MIDP Standing Order, which is available on the Court's homepage: http://www.ilnd.uscourts.gov/_assets/_documents/MIDP Standing Order.pdf. The parties are further advised that in light of the MIDP's intended goal of reducing the traditional cost and delay of federal civil litigation, this Court will not grant routine motions for extensions of time to meet the deadlines imposed by the MIDP Standing Order (even agreed motions made jointly by the parties). During the course of the litigation, the attorneys must also appear at all hearing dates set by the Court or noticed by the parties. If an attorney has a conflict with a set court date, the attorney must notify Judge Blakey's Courtroom Deputy, Gloria Lewis, at (312)818-6699. If appropriate, the Court will then reset the matter. Advising opposing counsel of a scheduling conflict is not a substitute for communicating directly with the Court. The litigants are further ordered to review and fully comply with all of this Court's own standing orders, which are available on Judge Blakey's information page on the Courts official website: http://www.ilnd.uscourts.gov/. An initial status conference is hereby set for 6/13/2019 at 9:45 a.m. in Courtroom 1203. At the status conference, the Court will discuss the MIDP and ask the parties questions to verify that they have reviewed and complied with the MIDP Standing Order. Without exception, the parties must also file a status report no later than 6/3/2019, using the model template set forth in this Court's standing order regarding Initial (or Reassignment) Status Conferences. Failure by any party to file the status report by the requisite deadline (either jointly or, if necessary, individually with an explanation as to why a joint report could not be filed) may result in a summary dismissal of the case for failure to prosecute, or an entry of default against any served defendant(s) failing to comply with this order. Mailed notice (gel, ) |
| Filing 6 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (mc, ) |
| Filing 5 SUMMONS Issued as to Defendants Gerald Brady, Jr, City of Peoria Police Department, Peoria, Illinois, Larry M Evans, Delmar Ronell Gallion, Paul Gilfillan, Kori Higgins, Peoria County Sheriff Department, Peoria County State Attorney Office, Peoria County Tenth Judicial Circuit Court, Albert Purham, John Spears, Robert M Spears, John P. Vespa (mc, ) |
| Filing 3 PRO SE Appearance by Plaintiff Tanya Clark (mc, ) |
| Filing 2 CIVIL Cover Sheet (mc, ) |
| Filing 1 COMPLAINT filed by Tanya Clark ; Jury Demand. (Exhibits). (mc, ) |
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