Claxton v. Byrne et al

Filing 4

WRITTEN Opinion entered by the Honorable Thomas M. Durkin on 4/11/2013: The plaintiff's motion for leave to proceed in forma pauperis (Dkt. No. 3 ), is granted. The Court authorizes and orders Cook County Jail officials to deduct $6.78 f rom the plaintiff's account, and to continue making monthly deductions in accordance with this order. The Clerk shall send a copy of this order to the Supervisor of Inmate Trust Fund Accounts, Cook County Dept. of Corrections Administrative O ffice, Division V, 2700 S. California, Chicago, Illinois 60608. The Clerk is instructed to issue summonses for service on all defendants and send plaintiff a Magistrate Judge Consent Form and Instructions for Submitting Documents along with a copy of this order. The United States Marshals Service is appointed to serve all defendants. [For further details see written opinion.] Mailed notice (ao,)

Order Form (01/2005)

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

Thomas M. Durkin

CASE NUMBER

13 C 2686

CASE
TITLE

Sitting Judge if Other
than Assigned Judge

DATE

4/11/13

Nicholas Claxton (2012-0806075) vs. Officer Byrne, et al.

DOCKET ENTRY TEXT

The plaintiff’s motion for leave to proceed in forma pauperis (Dkt. No. 3), is granted. The
Court authorizes and orders Cook County Jail officials to deduct $6.78 from the plaintiff’s
account, and to continue making monthly deductions in accordance with this order. The Clerk
shall send a copy of this order to the Supervisor of Inmate Trust Fund Accounts, Cook County
Dept. of Corrections Administrative Office, Division V, 2700 S. California, Chicago, Illinois
60608. The Clerk is instructed to issue summonses for service on all defendants and send
plaintiff a Magistrate Judge Consent Form and Instructions for Submitting Documents along
with a copy of this order. The United States Marshals Service is appointed to serve all
defendants.
O[ For further details see text below.]

Docketing to mail notices.

STATEMENT
Pro se plaintiff Nicholas Claxton, a Cook County Jail detainee, has brought a civil rights
suit pursuant to 42 U.S.C. § 1983. Pending before the Court are plaintiff’s motion for leave to
proceed in forma pauperis (Dkt. No. 3), and complaint for an initial review pursuant to 28
U.S.C. § 1915A. (Dkt. No. 3).
The plaintiff’s motion for leave to proceed in forma pauperis (Dkt. No. 3), is granted.
Pursuant to 28 U.S.C. § 1915(b)(1), the plaintiff is assessed an initial partial filing fee of $6.78.
The supervisor of inmate trust accounts at the Cook County Jail is authorized and ordered to
collect, when funds exist, the partial filing fee from the plaintiff’s trust fund account and pay it
directly to the Clerk of Court. After payment of the initial partial filing fee, the trust fund
officer at the plaintiff’s place of confinement is directed to collect monthly payments from the
plaintiff’s trust fund account in an amount equal to 20% of the preceding month’s income
credited to the account. Monthly payments collected from the plaintiff’s trust fund account
shall be forwarded to the Clerk of Court each time the amount in the account exceeds $10 until
the full $350 filing fee is paid. All payments shall be sent to the Clerk, United States District
Court, 219 S. Dearborn St., Chicago, Illinois 60604, attn: Cashier’s Desk, 20th Floor, and shall
clearly identify the plaintiff’s name and the case number assigned to this action. The Cook
County inmate trust account office shall notify transferee authorities of any outstanding
balance in the event the plaintiff is transferred from the jail to another correctional facility.

13C2686 Nicholas Claxton (2012-0806075) vs. Officer Byrne, et al.

Page 1 of 2

STATEMENT
Plaintiff alleges that he was wrongfully arrested and framed by three Chicago police
officers on a gun charge. The complaint suggests that there was a lack of probable cause for
his arrest and charge, and the case only proceeded because of the officers’ malice. Plaintiff
may proceed with false arrest, Abbott v. Sangamon County, Ill., 705 F.3d 706, 713-14 (7th Cir.
2013), and malicious prosecution claims. Aleman v. Vil. of Hanover Park, 662 F.3d 897, 907
(7th Cir. 2011).
The Clerk is instructed to issue summonses for service on all defendants and send
plaintiff a Magistrate Judge Consent Form and Instructions for Submitting Documents along
with a copy of this order. The United States Marshals Service is appointed to serve all
defendants. Any service forms necessary for the plaintiff to complete will be sent by the
Marshal as appropriate to serve defendants with process. The U.S. Marshal is directed to
make all reasonable efforts to serve defendants. With respect to any former employees who no
longer can be found at the work address provided by the plaintiff, the City of Chicago / Chicago
Police Department shall furnish the Marshal with defendant’s last-known address. The
information shall be used only for purposes of effectuating service [or for proof of service,
should a dispute arise] and any documentation of the address shall be retained only by the
Marshal. Address information shall not be maintained in the Court file, nor disclosed by the
Marshal. Plaintiff is to provide the U.S. Marshals Service with a copy of the complaint and a
proper form for request of waiver pursuant to Federal Rule of Civil Procedure 4(d)(1). The
U.S. Marshals Service is requested to mail the complaint and appropriate papers for waiver of
service by first-class mail to the named defendant pursuant to Rule 4(d)(1)(G).
Plaintiff is instructed to file all future papers concerning this action with the Clerk of
Court in care of the Prisoner Correspondent. Plaintiff must provide the Court with the
original plus a complete Judge’s copy, including any exhibits, of every document filed. In
addition, plaintiff must send an exact copy of any court filing to defendants [or to defense
counsel, once an attorney has entered an appearance on behalf of defendants]. Every
document filed with the Court must include a certificate of service stating to whom exact
copies were mailed and the date of mailing. Any paper that is sent directly to the Judge or
that otherwise fails to comply with these instructions may be disregarded by the Court or
returned to plaintiff.

13C2686 Nicholas Claxton (2012-0806075) vs. Officer Byrne, et al.

Page 2 of 2