Floyd v. Clayton et al

Filing 15

MERIT REVIEW OPINION - Entered by Judge Harold A. Baker on 5/15/2017. See written Order. Plaintiff's motion for leave to proceed in forma pauperis 3 is denied. The plaintiff' s complaint is dismissed for failure to state a claimpursuant to Fed. R. Civ. Proc. 12(b)(6) and 28 U.S.C. Section 1915A. This case is closed. All pending motions 7 , 12 , 13 are denied as moot. (LN, ilcd)

E-FILED

Monday, 15 May, 2017 02:15:53 PM
Clerk, U.S. District Court, ILCD
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
SEBRON FLOYD,
vs.

Plaintiff,

JAMES C. CLAYTON, et al.,
Defendants.

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17-CV-4002

MERIT REVIEW ORDER
The plaintiff, proceeding pro se, a civil detainee at the Rushville Treatment and
Detention Facility (“Rushville”) is requesting leave to proceed under a reduced payment
procedure for indigent plaintiffs who are institutionalized but are not prisoners as
defined in 28 U.S.C. Section 1915(h).
The “privilege to proceed without posting security for costs and fees is reserved
to the many truly impoverished litigants who, within the District Court’s sound
discretion, would remain without legal remedy if such privilege were not afforded to
them.” Brewster v. North Am. Van Lines, Inc., 461 F.2d 649, 651 (7th Circ. 1972).
Additionally, a court must dismiss cases proceeding in forma pauperis “at any time” if the
action is frivolous, malicious, or fails to state a claim, even if part of the filing fee has
been paid. 28 U.S.C. § 1915(d)(2). Accordingly, this court grants leave to proceed in
forma pauperis only if the complaint states a federal action.
This case is before the court for a merit review of the plaintiff's claims. The court
is required by 28 U.S.C. '1915A to Ascreen@ the plaintiff=s complaint, and through such
process to identify and dismiss any legally insufficient claim, or the entire action if
warranted. A claim is legally insufficient if it A(1) is frivolous, malicious, or fails to state
a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant
who is immune from such relief.@ 28 U.S.C. '1915A.
In reviewing the complaint, the Court accepts the factual allegations as true,
liberally construing them in the plaintiff=s favor. Turley v. Rednour, 729 F.3d 645, 649 (7th
Cir. 2013). However, conclusory statements and labels are insufficient. Enough facts
must be provided to Astate a claim for relief that is plausible on its face.@ Alexander v.
U.S., 721 F.3d 418, 422 (7th Cir. 2013)(citation omitted). The Court has reviewed the
complaint and has also held a merit review hearing in order to give the plaintiff a chance
to personally explain his claims to the Court.

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Plaintiff alleges that he was transferred to the Illinois Department of Corrections
(“IDOC”) in 2012 to serve a criminal sentence, and, while there, Rushville officials sent
his property to the IDOC in violation of a Rushville policy. Plaintiff alleges he has not
received his property back.
Plaintiff alleges that defendants’ actions were not authorized by an established
policy. In this situation, the unauthorized acts of Rushville officials resulting in the
deprivation of personal property does not violate due process where state law provides
a meaningful post-deprivation remedy. Hudson v. Palmer, 468 U.S. 517, 530 (1984).
Plaintiff has an adequate remedy available to him in the Illinois Court of Claims. See
Stewart v. McGinnis, 5 F.3d 1031, 1036 (7th Cir. 1993). Furthermore, the violation of a
state regulation, on its own, does not create an enforceable federal right. See
Guarjardo-Palma v. Martinson, 622 F.3d 801, 806 (7th Cir. 2010). Therefore, Plaintiff does
not state a claim.
IT IS THEREFORE ORDERED that:
1.

Plaintiff’s motion for leave to proceed in forma pauperis [3] is denied.

2.
The plaintiff=s complaint is dismissed for failure to state a claim
pursuant to Fed. R. Civ. Proc. 12(b)(6) and 28 U.S.C. Section 1915A. This case is
closed. All pending motions [7, 12, 13] are denied as moot.
3.
If the plaintiff wishes to appeal this dismissal, he may 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 MUST set forth the issues the
plaintiff plans to present on appeal. See Fed. R. App. P. 24(a)(1)(C). If the
plaintiff does choose to appeal, he will be liable for the $505 appellate filing fee
irrespective of the outcome of the appeal.
Entered this 15th day of May, 2017.
/s/ Harold A. Baker
_________________________________________
HAROLD A. BAKER
UNITED STATES DISTRICT JUDGE

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