McDonald v. Sacks et al

Filing 4

WRITTEN Opinion entered by the Honorable James B. Zagel on 2/29/2012: The complaint is dismissed for plaintiff's attempted fraud upon the Court. Hoskins v. Dart, 633 F.3d 541, 543 (7th Cir. 2011) (per curiam); Sloan v. Lesza, 181 F.3d 858, 859 (7th Cir. 1999). Plaintiff's motion for leave to proceed in forma pauperis (Dkt. No. 3 ), and any other pending motions are denied as moot. Civil Case Terminated. (For further details see written opinion.) Mailed notice (ma,)

Order Form (01/2005)

United States District Court, Northern District of Illinois
Name of Assigned Judge
or Magistrate Judge

James B. Zagel

CASE NUMBER

12 C 576

CASE
TITLE

Sitting Judge if Other
than Assigned Judge

DATE

2/29/2012

Maurice J. McDonald (B42547) vs. Judge Stanley J. Sacks

DOCKET ENTRY TEXT

The complaint is dismissed for plaintiff’s attempted fraud upon the Court. Hoskins v. Dart, 633 F.3d 541,
543 (7th Cir. 2011) (per curiam); Sloan v. Lesza, 181 F.3d 858, 859 (7th Cir. 1999). Plaintiff’s motion for
leave to proceed in forma pauperis (Dkt. No. 3), and any other pending motions are denied as moot. Civil
Case Terminated.

O[ For further details see text below.]

Docketing to mail notices.

STATEMENT
Pro se plaintiff Maurice J. McDonald has brought a complaint seeking a writ of mandamus against
various state judicial and prosecutorial officials involved in his state criminal prosecution. Plaintiff was
found guilty of stabbing Lester Coats, a drug dealer from Chicago’s Southside, and his girlfriend, Brenda
Robertson, in February 1983. United States ex rel. McDonald v. Hulick, No. 06 C 5762, 2007 WL 967934, at
*1 (N.D. Ill. Mar. 28, 2007) (citing Illinois v. McDonald, 660 N.E.2d 832 (Ill. 1995)). He also stole their
money, jewelry and food stamps. Id. Petitioner was sentenced to death and 60 years imprisonment for the
murder and robbery convictions, respectively. Id. The death sentence was commuted to life imprisonment as
part of the clemency for all Illinois death row inmates by then-Governor George Ryan in 2003. Id.
Plaintiff’s petition for a writ of habeas corpus was denied in this Court, McDonald v. Hulick, No. 06 C
5762 (N.D. Ill.) (Conlon, J.), and the Seventh Circuit denied his request for a certificate of appealability.
McDonald v. Hulick, No. 07-1946 (7th Cir. Aug. 9, 2007). He also recently had an unauthorized successive
petition dismissed. McDonald v. Atchison, No. 11 C 8866 (N.D. Ill. Dec. 6, 2011) (Conlon, J.).
Plaintiff has been equally unsuccessful in his 42 U.S.C. § 1983 litigation accruing numerous strikes,
28 U.S.C. § 1915(g), in three federal district courts: McDonald v. Danahy, No. 92 C 1306 (N.D. Ill. Mar. 19,
1992) (Duff, J.) (Dkt. No. 6); McDonald v. Neville, No. 92 C 7492 (N.D. Ill. Dec. 15, 1992) (Moran, J.) (Dkt.
No. 7); McDonald v. Hornyak, No. 93 C 4779 (N.D. Ill. Sept. 20, 1993) (Andersen, J.) (Dkt. No. 6);
McDonald v. United States District Court, No. 93 C 5832 (N.D. Ill. Sept. 30, 1993) (Marovich, J.) (Dkt. No.
3); McDonald v. Burris, No. 93 C 6548 (N.D. Ill. Jan. 13, 1994) (Holderman, J.) (Dkt. No. 6); McDonald v.
Nevelle, No. 93 C 7397 (N.D. Ill. Mar. 1, 1994) (Holderman, J.) (Dkt. No. 7); McDonald v. Illinois, No. 96 C
8103 (N.D. Ill. July 8, 1997) (Norgle, J.) (Dkt. No. 5); McDonald v. Suter, No. 08 C 668 (D.D.C. Apr. 17,
2008) (Dkt. No. 3); McDonald v. Suter, No. 08 C 739 (D.D.C. Apr. 29, 2008) (Dkt. No. 3); McDonald v.
Porter, No. 08 C 342 (S.D. Ill. Feb. 20, 2009) (Dkt. No. 13); McDonald v. Feinerman, No. 08 C 395 (S.D. Ill.
12C576 Maurice J. McDonald (B42547) vs. Judge Stanley J. Sacks

Page 1 of 2

STATEMENT
Mar. 12, 2009) (Dkt. No. 11); McDonald v. Payne, No. 08 C 921 (S.D. Ill. July 27, 2009) (Dkt. No. 8).
Plaintiff was previously warned that he has accrued three strikes and could not seek leave to proceed
in forma pauperis unless he was in an imminent danger of serious physical injury. McDonald v. Payne, No.
08 C 921 (S.D. Ill. July 27, 2009) (Dkt. No. 8 at 8-9).
Plaintiff’s present complaint is another attempt to challenge his 1993 conviction. He claims that he is
suffering from false imprisonment and wrongful conviction. As he does not seek his “‘immediate or speedier
release’” from confinement so his case is considered a 42 U.S.C. § 1983 action governed by the Prison
Litigation Reform Act. Skinner v. Switzer, 131 S. Ct. 1289, 1293 (2011) (quoting Wilkinson v. Dotson, 544
U.S. 74, 82 (2005)). Plaintiffs seeks in forma pauperis status but his case does not meet the imminent danger
requirement. He also fails to disclose his prior litigation history, his three strike warning and has not paid his
outstanding past fees. These failures constitute an attempted fraud upon the Court. His case must be
immediately dismissed. Hoskins v. Dart, 633 F.3d 541, 543 (7th Cir. 2011) (per curiam); Sloan v. Lesza, 181
F.3d 858, 859 (7th Cir. 1999).

12C576 Maurice J. McDonald (B42547) vs. Judge Stanley J. Sacks

Page 2 of 2