McCabe v. Chaviano et al

Filing 6

MERIT REVIEW OPINION entered by Chief Judge James E. Shadid on 5/22/2017. IT IS THEREFORE ORDERED: 1. Plaintiff's petition to proceed in forma pauperis is denied. 4 Plaintiff'scomplaint is also dismissed for failure to state a claim. The Clerk of the Court isdirected to enter judgment pursuant to Federal Rule of Civil Procedure 58. The case isclosed. 2. If Plaintiff wishes to appeal this dismissal, he must file a notice of appealwith this court within 30 days of the entry of judgment. Fed. R. App. P. 4(a). A motionfor leave to appeal in forma pauperis MUST set forth the issues Plaintiff plans topresent on appeal. See Fed. R. App. P. 24(a)(1)(C). SEE FULL WRITTEN ORDER.(SL, ilcd)

E-FILED

Monday, 22 May, 2017 09:23:19 AM
Clerk, U.S. District Court, ILCD
UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS
JERRY LEE MCCABE, et.al.,
Plaintiff,
v.
HUGO CHAVIANO and
JAMES T. DIMASS,
Defendants.

)
)
)
)
)
)
)
)

17-CV-4057

OPINION
Plaintiff, proceeding pro se and detained in the Rushville Treatment and
Detention Center, seeks leave to proceed in forma pauperis. 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 Cir. 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 claim.
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). However, conclusory statements and labels are insufficient. Enough facts
must be provided to "'state a claim for relief that is plausible on its face.'" Alexander v.
U.S., 721 F.3d 418, 422 (7th Cir. 2013)(quoted cite omitted).
1

Plaintiff is civilly detained at Rushville pursuant to the Illinois Sexually Violent
Persons Commitment Act, 725 ILCS 207/1, et seq. His complaint lists two Defendants
including Director of the Illinois Department of Labor Hugo Chaviano and Secretary of
the Department of Human Services James Dimias. Plaintiff states the Defendants have
violated his constitutional rights, as well as various statutes, by denying Plaintiff
minimum wage for the work he does at Rushville.
Courts have previously considered and rejected this claim finding a Rushville
detainee “is not entitled to minimum wage for performing his job at the detention
center. Plaintiff has no right based on federal law to even have a job while in the
detention center, much less a right to be paid what he perceives to be a fair wage.”
Young v. Monahan, 2007 WL 2700011, at *1 (C.D.Ill. July 19, 2007)(internal citations
omitted); see also Tineybey v. Saddler, 2012 WL 701480, at *2 (C.D.Ill. March 5, 2012)
(Plaintiff has no federal right to a job inside the facility and no right to earn any wages.);
see also Bennett v. Frank, 395 F.3d 409, 410 (7th Cir.2005); McKune v. Lile, 536 U.S. 24
(2002); Wallace v. Robinson, 940 F.2d 243, 248 (7th Cir.1991). Plaintiff has failed to state a
claim upon which relief can be granted.
IT IS THEREFORE ORDERED:
1.

Plaintiff’s petition to proceed in forma pauperis is denied. [4] Plaintiff’s

complaint is also dismissed for failure to state a claim. The Clerk of the Court is
directed to enter judgment pursuant to Federal Rule of Civil Procedure 58. The case is
closed.

2

2.

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 MUST set forth the issues Plaintiff plans to
present on appeal. See Fed. R. App. P. 24(a)(1)(C).
ENTERED this 22nd day of May, 2017.

s/ James E. Shadid
____________________________________________
JAMES E. SHADID
UNITED STATES DISTRICT JUDGE

3