Johnson v. Godinez et al
Filing
6
MERIT REVIEW OPINION: Plaintiff's complaint is dismissed for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6) and 28 U.S.C. § 1915A. Any amendment to the Complaint would be futile for the reasons stated. This case is therefore closed. The clerk is directed to enter a judgment pursuant to Fed. R. Civ. P. 58. SEE WRITTEN OPINION. Entered by Judge Sue E. Myerscough on 6/26/2014. (MJ, ilcd)
E-FILED
Thursday, 26 June, 2014 05:18:37 PM
Clerk, U.S. District Court, ILCD
UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS
AARON JOHNSON,
Plaintiff,
v.
S.A. GODINEZ, et al.,
Defendants.
)
)
)
)
)
)
)
)
)
14-CV-3127
MERIT REVIEW OPINION
SUE E. MYERSCOUGH, U.S. District Judge.
Plaintiff, proceeding pro se and incarcerated in Sheridan
Correctional Center, seeks leave to proceed in forma pauperis. The
case is before the Court for a merit review pursuant to 28 U.S.C. §
1915A. In reviewing the Complaint, the Court accepts the factual
allegations as true, liberally construing them in Plaintiff's favor.
Turley v. Rednour, 729 F.3d 645, 649 (7th Cir. 2013).
Plaintiff alleges that he instructed the trust fund office at his
prison to send a $200 check to Plaintiff's mother, to help Plaintiff's
mother with medical expenses. According to trust fund records, the
check was disbursed from Plaintiff's prison account but never
cashed. Plaintiff eventually told the trust fund office that his
Page 1 of 4
mother had never received the check, and he asked that the check
be voided and his account reimbursed $200. Plaintiff's account was
credited $200 on July 1, 2012, in accordance with Plaintiff's
request. However, on December 5, 2012, the $200 was incorrectly
disbursed to another inmate with the same name as Plaintiff, with
the notation "release inmate." Plaintiff was still in prison and had
not been released. The other Aaron Johnson, who had been
released, cashed the check.
These allegations do not plausibly suggest a federal claim,
though Plaintiff might have a state claim which he can pursue in
the Illinois Court of Claims. Negligence alone does not violate the
Constitution, McGowan v. Hulick, 612 F.3d 636, 640 (7th Cir.
2010), and the intentional deprivation of property is not actionable
under the Constitution if adequate remedies exist in state court,
Parratt v. Taylor, 451 U.S. 527, 541 (1981). The Illinois Court of
Claims provides an adequate remedy for the loss of Plaintiff's
money. Loman v. Freeman, 229 Ill.2d 104, 113 (2008)(“Where the
alleged negligence is the breach of a duty imposed on the employee
solely by virtue of his state employment, the Court of Claims has
exclusive jurisdiction.”); see also Davenport v. City of Chicago, 653
Page 2 of 4
F.Supp.2d 885 (N.D. Ill. 2009)(“Pursuant to state law, [Plaintiff] may
file a tort claim in the Illinois Court of Claims for her property
losses.”)(other citations omitted). Accordingly, this case will be
dismissed for failure to state a federal claim.
IT IS THEREFORE ORDERED:
1)
Plaintiff's complaint is dismissed for failure to state a
claim pursuant to Fed. R. Civ. P. 12(b)(6) and 28 U.S.C. § 1915A.
Any amendment to the Complaint would be futile for the reasons
stated above. This case is therefore closed. The clerk is directed to
enter a judgment pursuant to Fed. R. Civ. P. 58.
2) This dismissal shall count as one of the plaintiff's three
allotted “strikes” pursuant to 28 U.S.C. Section 1915(g).
3) Plaintiff must still pay the full filing fee of $350 even
though his case has been dismissed. The agency having custody of
Plaintiff shall continue to make monthly payments to the Clerk of
Court, as directed in the Court's prior order.
4) If Plaintiff wishes to appeal this dismissal, he must file a
notice of appeal with this Court within 30 days of the entry of
judgment. Fed. R. App. P. 4(a). A motion for leave to appeal in
forma pauperis should set forth the issues Plaintiff plans to present
Page 3 of 4
on appeal. See Fed. R. App. P. 24(a)(1)(C). If Plaintiff does choose
to appeal, he will be liable for the $505 appellate filing fee
irrespective of the outcome of the appeal.
5) The clerk is directed to record Plaintiff's strike in the
three-strike log.
ENTERED: June 26, 2014
FOR THE COURT:
s/Sue E. Myerscough
SUE E. MYERSCOUGH
UNITED STATES DISTRICT JUDGE
Page 4 of 4
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?