Washington v. Marsalek
| Terron Darnell Washington |
| Diann Karen Marsalek |
| 1:2023cv03972 |
| June 21, 2023 |
| US District Court for the Northern District of Illinois |
| Thomas M Durkin |
| Contract: Marine |
| 28 U.S.C. ยง 1331 Federal Question |
| None |
Docket Report
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| Document Text |
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| Filing 7 REBUTTAL by Terron Darnell Washington (Exhibits) (rp, ) |
| Filing 6 DISREGARD/Withhold my my consent without any adverse substantive consequences pursuant to Rule 73(b)(2) by Terron Darnell Washington. (Exhibit) (jh, ) |
| Filing 5 MINUTE entry before the Honorable Thomas M. Durkin: Plaintiff's amended complaint is dismissed without prejudice. Plaintiff sues a Cook County judge, Diann Marsalek, for money damages relating to proceedings related to Plaintiff's case(s) in traffic court. First, under the Rooker-Feldman doctrine, a federal court does not have subject matter jurisdiction over "claims seeking review of state-court judgments or claims that are 'inextricably intertwined' with state-court determinations, even where a plaintiff asserts violations of his federal rights in the state court proceeding. Haddad v. Brown, No. 08 CV 6417, 2009 WL 1438182, at *2 (N.D. Ill. May 20, 2009) (quoting Remer v. Burlington Area Sch. Dist., 205 F.3d 990, 996 (7th Cir.2000)). The proper venue to raise his complaints is via appeal in the state courts. Haddad, 2009 WL 1438182, at *2 (dismissing case complaining of alleged fraud by judge in traffic court case for lack of subject matter jurisdiction under Rooker-Feldman). Second, although Plaintiff alleges that Judge Marsalek is acting fraudulently, judges are entitled to absolute immunity for money damages arising out of their judicial conduct. Richman v. Sheahan, 270 F.3d 430, 434 (7th Cir. 2001). Therefore, Plaintiff cannot sue Judge Marsalek for money damages relating to her actions in his traffic court case. Mailed notice. (ecw, ) |
| Filing 4 VERIFIED CLAIM by Terron Darnell Washington (Exhibits) (exr, ) |
| Filing 3 MINUTE entry before the Honorable Thomas M. Durkin: On the Court's own motion, Plaintiff's Complaint is dismissed without prejudice. A complaint must contain sufficient factual matter to state a claim that is plausible on its face and to allow the court to draw a reasonable inference that the defendant is liable for the misconduct alleged. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009), citing Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). Fed. R. Civ. P. 8 requires more than "an unadorned, the-defendant-unlawfully-harmed-me accusation"; labels and conclusions are not enough. Iqbal, 556 U.S. at 678. Plaintiff alleges in conclusory fashion that the Defendant "is impersonating a Judge with intent to defraud," and that Plaintiff suffered "trespass [by way of denial of due process of law]." Plaintiff has not provided sufficient facts about the complained-of conduct. Plaintiff may file an amended complaint that complies with Twombly and Iqbal within 14 days. If Plaintiff fails to file an amended complaint, this matter will be terminated. Plaintiff further claims to be indigent but provides no affidavit or proof. If he desires to proceed in forma pauperis, he must complete an in forma pauperis application and affidavit, which can be found on this Court's website. Mailed notice. (ecw, ) |
| MAILED copy of the Clerk's Notice along with the Joint Consent Form to Plaintiff Terron Darnell Washington. (jj, ) |
| Filing 2 CIVIL Cover Sheet. (jj, ) |
| Filing 1 RECEIVED Complaint and no copies by Terron Darnell Washington. (Exhibits). (jj, ) |
| 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. (jj, ) |
| CASE ASSIGNED to the Honorable Thomas M. Durkin. Designated as Magistrate Judge the Honorable Gabriel A. Fuentes. FEE DUE, NO INFORMA PAUPERIS APPLICATION SUBMITTED. Case assignment: Random assignment. (jj, ) |
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| Plaintiff: Terron Darnell Washington | |
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| Defendant: Diann Karen Marsalek | |
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