Starling v. Cook County

Filing 5

MEMORANDUM Order signed by the Honorable Milton I. Shadur on 6/14/2012. (vmj, )

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
ODELL STARLING #20110324105,
Plaintiff,
v.
COOK COUNTY,
Defendant.

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No.

12 C 4560

MEMORANDUM ORDER
Odell Starling (“Starling”) has used the Clerk’s-Officesupplied form of 42 U.S.C. §1983 (“Section 1983”) Complaint to
sue Cook County, accompanying that submission with a filled-out
In Forma Pauperis Application (“Application”).

Because the

Complaint reveals a total lack of understanding on Starling’s
part as to what might constitute a viable Section 1983 action,
this Court sua sponte dismisses both the Complaint and this
action (but without prejudice).1
Starling’s Statement of Claim in Complaint ¶IV charges state
court judge G. Howard with refusing to provide Starling with the
assistance of counsel in his criminal case.

Even when that

charge is accepted as true (as is required for current purposes,
though this Court of course makes no findings in that respect),
Cook County itself is obviously not a proper Section 1983

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Starling should understand that this dismissal at the
very outset spares him the obligation to pay the $350 filing fee
in future installments--an obligation that the Application
ordinarily triggers under 28 U.S.C. §1915(a) and (b).

defendant.

And as for Judge Howard, the law provides him

absolutely immunity for actions taken in his judicial capacity.
As stated at the outset, then, a threshold dismissal of this
action is called for.

This Court so orders.

________________________________________
Milton I. Shadur
Senior United States District Judge
Date:

June 14, 2012

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