Sledge v. Illinois Secretary of State et al
| Samuel Sledge |
| Illinois Secretary of State and Jesse White |
| 1:2023cv00198 |
| January 13, 2023 |
| US District Court for the Northern District of Illinois |
| John J Tharp |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Both |
Docket Report
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| Document Text |
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| SUMMONS Issued along with USM 285 form(s), certified copy of order #13 dated 2/24/2023 to the U.S. Marshal's Office for service as to Defendant Jesse White, Secretary of State of Illinois via email. (ph, ) |
| Filing 13 MINUTE entry before the Honorable John J. Tharp, Jr: The Court acknowledges the plaintiff's second amended complaint #12 . The United States Marshals Service is appointed to serve the defendants. The Clerk shall issue summonses for service of the complaint by the U.S. Marshal on the defendants. The U.S. Marshal is directed to make all reasonable efforts to serve the defendants. Mailed notice (air, ) |
| Filing 12 AMENDED complaint by Samuel Sledge against Secretary of State of Illinois, Jesse White (jg, ) |
| Filing 11 MINUTE entry before the Honorable John J. Tharp, Jr: Pursuant to 28 U.S.C. 1915(e) and Fed. R. Civ. P. 8(a)(2), the plaintiff's amended complaint is dismissed without prejudice. Rule 8(a)(2) requires a complaint to state a claim for relief in "short and plain" terms, which requires at a minimum a complaint to be intelligible. Paul v. Marberry, 658 F.3d 702, 705 (7th Cir. 2011). Here, the amended complaint is simply incomprehensible and thus fails to disclose the presence or absence of a claim for which relief might be granted by a federal court. See Okoro v. Bohman, 164 F.3d 1059, 1063 (7th Cir. 1999). Accordingly, the plaintiff is granted leave to file a second amended complaint by 03/01/2023 that comprehensibly states a claim for which relief may be granted. Plaintiff is advised to forego conclusory claims of violations of assorted constitutional provisions and to concentrate on setting forth a clear and concise narrative of what happened to him that caused him injury and what injury was caused. Any further failure to adequately amend will result in dismissal of this case with prejudice. It is also noted, that to whatever extent the plaintiff (an Illinois resident and presumably an Illinois citizen) is attempting to assert that temporary revocation of his Illinois driver's license by the Illinois Secretary of State violated the Privileges and Immunities Clause, such a claim does not afford relief. That Clause only operates to protect against laws that discriminate against out-of-state citizens. See United Bldg. & Const. Trades Council of Camden Cnty. & Vicinity v. Mayor & Council of City of Camden, 465 U.S. 208, 219 (1984). Mailed notice (air, ) |
| Filing 10 AMENDED complaint by Samuel Sledge against Jesse White, Secretary of State of Illinois and terminating Illinois Secretary of State. (ph, ) |
Filing 9
ORDER: Plaintiff's application to proceed in forma pauperis #8 is denied as moot; the Court has already authorized the plaintiff to proceed without paying the filing fee #7 . On the Court's own motion, the plaintiff's deadline to file an amended complaint in accordance with the order entered on 01/18/2023 is extended to 02/08/2023 Signed by the Honorable John J. Tharp, Jr on 2/1/2023. Mailed notice. (kl, )
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| Filing 8 APPLICATION by Plaintiff Samuel Sledge for leave to proceed in forma pauperis. (jn, ) |
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Filing 7
ORDER: Plaintiff's application to proceed in forma pauperis #4 is granted; the plaintiff may proceed without paying the filing fee. After screening the complaint pursuant to 28 U.S.C. 1915(e), however, the Court dismisses it without prejudice (meaning that it can be refiled if the plaintiff can fix the defect identified in this order). The complaint claims a right to relief under 42 U.S.C. 1983, alleging that the Illinois Secretary of State temporarily suspended (or initiated an "ineligibility hold" on) the plaintiff's driver's license in violation the Administrative Procedure Act and the Fourteenth Amendment. The Administrative Procedure Act is inapplicable to state agencies, however. As for the Fourteenth Amendment, the plaintiff claims the Secretary of State violated due process in November 2021 by temporarily suspending his license while it conducted a thirteen-month administrative review of a license revocation order issued in 1972. "[T]he root requirement of the Due Process Clause is the provision of adequate notice and some kind of a hearing... before [an individual] is deprived of any significant property interest." Bradley v. Vill. of Univ. Park, 929 F.3d 875, 882 (7th Cir. 2019) (quotations omitted). That requirement appears to have been met here: The complaint indicates a pre-deprivation hearing occurred on May 3, 2021, and it does not assert that this hearing was constitutionally deficient. The complaint merely claims that the Secretary of State's subsequent administrative review (which ultimately resulted in reinstatement of the plaintiff's driving privileges) violated various Illinois statutes and regulations, but section 1983 does not redress violations of state law. Accordingly, the complaint is dismissed for plaintiff's failure to state a plausible claim for relief. The plaintiff may file an amended complaint by 02/01/2023. If the plaintiff opts not to amend the complaint, the case will be dismissed with prejudice, a judgment will be entered for the defendant, and the plaintiff will have the right to appeal that judgment. Signed by the Honorable John J. Tharp, Jr on 1/18/2023. Mailed notice (ph, )
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| Filing 4 APPLICATION by Plaintiff Samuel Sledge for leave to proceed in forma pauperis. (ph, ) |
| Filing 3 PRO SE Appearance by Plaintiff Samuel Sledge. (ph, ) |
| Filing 2 CIVIL Cover Sheet. (ph, ) |
| Filing 1 RECEIVED Complaint and no copies by Samuel Sledge. (Exhibits) (ph, ) |
| CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable Maria Valdez. Case assignment: Random assignment. (ph, ) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (ph, ) |
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