Williams v. U.S. Bank NA
| Wanda Williams |
| U.S. Bank NA |
| 1:2023cv16203 |
| November 28, 2023 |
| US District Court for the Northern District of Illinois |
| John Robert Blakey |
| Civil Rights: Accommodations |
| 28 U.S.C. ยง 1332 Diversity-Mortgage Foreclosure |
| Plaintiff |
Docket Report
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| Filing 11 ENTERED JUDGMENT Mailed notice(gel, ) |
| Filing 10 MINUTE entry before the Honorable John Robert Blakey: Plaintiff submitted a pro se complaint #1 , along with an application for leave to proceed in forma pauperis #4 . The federal in forma pauperis statute, 28 U.S.C. 1915, is designed to ensure indigent litigants meaningful access to the federal courts while simultaneously preventing indigent litigants from filing frivolous, malicious, or repetitive lawsuits. Neitzke v. Williams, 490 U.S. 319, 324 (1989). Before authorizing a litigant to proceed in forma pauperis, the Court must make two determinations: first, the Court must determine that the litigant is unable to pay the $402 filing fee; and, second, the Court must determine that the action is neither frivolous nor malicious, does not fail to state a claim, and does not seek money damages against a defendant immune from such relief. 28 U.S.C. 1915(a), (e). The first determination is made through a review of the litigant's assets as stated in an affidavit submitted to the Court. The second is made by looking to the plaintiff's allegations. An action is frivolous if it is clear that the legal theory or the facts alleged are baseless or irrational. Neitzke, 490 U.S. at 324; Denton v. Hernandez, 504 U.S. 25, 31 (1992). Here, Plaintiff's IFP application, though incomplete, indicates that she is unemployed and has almost no income or assets. Her complaint, however, is frivolous and must be dismissed for lack of subject matter jurisdiction. As written, Plaintiff's complaint asks this Court to overturn a state court foreclosure judgment. But the Rooker-Feldman doctrine "precludes lower federal court jurisdiction over claims seeking review of state court judgments... no matter how erroneous or unconstitutional the state court judgment may be. The doctrine applies not only to claims that were actually raised before the state court, but also to claims that are inextricably intertwined with state court determinations." Swartz v. Heartland Equine Rescue, 940 F.3d 387, 390 (7th Cir. 2019), cert. denied, 140 S. Ct. 2510 (2020). "The Rooker-Feldman bar is jurisdictional; violations of it cannot be waived and thus preclude a court from considering the merits of the claim." Id. As a result, the Court denies Plaintiff's IFP application #4 , dismisses Plaintiff's complaint, and dismisses this case. Based upon the dismissal, the Court denies as moot Plaintiff's motion for attorney representation #5 and motion for injunctive relief #6 , though the Court notes that it would dismiss both motions even on their merits, the former because Plaintiff made no efforts to secure counsel on her own, see Navejar v. Iyiola, 718 F.3d 692, 696 (7th Cir. 2013) (holding that when a pro se litigant submits a request for assistance of counsel, the Court must first consider whether the plaintiff is indigent and has made reasonable attempts to secure counsel on her own) and the latter because Plaintiff failed to provide any factual or legal basis to support the issuance of injunctive relief. Civil case terminated. Mailed notice (gel, ) |
| 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. (gcy, ) |
| Filing 7 NOTICE of Motion by Wanda Williams. (gcy, ) |
| Filing 6 MOTION by Plaintiff Wanda Williams for temporary restraining order and preliminary injunction. (gcy, ) (Additional attachment(s) added on 11/28/2023: #1 proposed order) (gcy, ). |
| Filing 5 MOTION by Plaintiff Wanda Williams for attorney representation. (gcy, ) |
| Filing 4 APPLICATION by Plaintiff Wanda Williams for leave to proceed in forma pauperis and affidavit. (gcy, ) |
| Filing 3 PRO SE Appearance by Plaintiff Wanda Williams. (gcy, ) |
| Filing 2 CIVIL Cover Sheet. (gcy, ) |
| Filing 1 RECEIVED Complaint by Wanda Williams. (Attachments). (gcy, ) |
| CASE ASSIGNED to the Honorable John Robert Blakey. Designated as Magistrate Judge the Honorable Gabriel A Fuentes. Case assignment: Random assignment. (Civil Category 2). (gcy, ) |
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