Whitmore v. Harris
| James Whitmore |
| Robert F Harris |
| 1:2020cv07798 |
| December 30, 2020 |
| US District Court for the Northern District of Illinois |
| Manish S Shah |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 |
| None |
Docket Report
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This docket was last retrieved on January 29, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 17 MINUTE entry before the Honorable Manish S. Shah: Plaintiff's second application to proceed in forma pauperis and motion for attorney representation #12 #14 are denied. The court dismissed this case with prejudice. Plaintiff submitted an amended complaint after the dismissal. The proposed amended complaint does not cure the problem and does not establish any manifest error in the court's decision to dismiss the case. Plaintiff still attempts to sue a judge because the judge allegedly did not give plaintiff a fair trial. Judges are immune from lawsuits over their judicial decisions and a civil lawsuit cannot be used to collaterally attack a judgment in another case. In other words, plaintiff cannot sue the judge in an effort to get a different result from his state-court case involving his truck. This case remains closed. Notices mailed. (psm, ) |
| Filing 14 MOTION by Plaintiff James Whitmore for attorney representation (ec, ) |
| Filing 13 PRO SE Appearance by Plaintiff James Whitmore (ec, ) |
| Filing 12 APPLICATION by Plaintiff James Whitmore for leave to proceed in forma pauperis (ec, ) |
| Filing 11 CIVIL Cover Sheet (ec, ) |
| Filing 10 RECEIVED Amended Complaint and no copies by James Whitmore. (ec, ) |
| MAILED out copy of the judgment 01/04/2021 #9 to Plaintiff James Whitmore. (ec, ) |
| MAILED out copy of order dated 01/04/2021 #8 to Plaintiff James Whitmore.(ec, ) |
| Filing 9 ENTERED JUDGMENT. Notices mailed. (psm, ) |
| Filing 8 MINUTE entry before the Honorable Manish S. Shah: Plaintiff's application to proceed in forma pauperis #3 is denied. Plaintiff did not answer most of the questions in the application and did not provide enough information to decide whether he can afford the filing fee or afford to hire a lawyer on his own. Ordinarily, the court would direct the plaintiff to submit a new application, but in this case it is apparent that plaintiff's lawsuit cannot proceed. The complaint is brought against a judge of the Circuit Court of Cook County (no other defendants are named in the complaint) and alleges that the judge relied on false and perjured testimony when ruling in plaintiff's lawsuit against Joy Inc Auto Tire and Will Turner. Plaintiff alleges that he did not receive a fair trial from the judge. But judges are immune from lawsuits for their "judicial acts involved in resolving disputes between parties." Forrester v. White, 484 U.S. 219, 227 (1988). A judge who "renders a decision" in a lawsuit performs an act within judicial capacity and "is entitled to absolute judicial immunity." John v. Barron, 897 F.2d 1387, 1392 (7th Cir. 1990). Plaintiff cannot bring this type of lawsuit against the judge who heard his case, and it would be futile to try to amend his complaint. The motion for attorney representation #4 is denied because plaintiff has not made any attempts to find a lawyer on his own and because recruiting counsel is not necessary. Plaintiff could not bring this lawsuit against the judge whether or not plaintiff had a lawyer. This case is dismissed with prejudice based on defendant's absolute immunity. Enter judgment and terminate civil case. The Clerk's Office is directed to mail a copy of this order and the judgment to plaintiff. Notices mailed. (psm, ) |
| Filing 5 PRO SE Appearance by Plaintiff James Whitmore (ec, ) |
| Filing 4 MOTION by Plaintiff James Whitmore for attorney representation. (ec, ) |
| Filing 3 APPLICATION by Plaintiff James Whitmore for leave to proceed in forma pauperis (ec, ) |
| Filing 2 CIVIL Cover Sheet (ec, ) |
| Filing 1 RECEIVED Complaint and no copies by James Whitmore. (ec, ) |
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| Plaintiff: James Whitmore | |
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| Defendant: Robert F Harris | |
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