Bryant v. Lake County Circuit Clerk et al
Filing
28
MEMORANDUM Opinion and Order Signed by the Honorable Charles R. Norgle, Sr on 2-17-15. Mailed notice (ph, )
IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF ILLINOIS
Winford Bryant (#8-393 I 3),
No.
Plaintiff,
14 C 5384
Judge Charles R. Norgle, Sr.
v.
Lake County Circuit Clerk,
Defendant.
MEMORANDUM OPINION AND ORDER
Plaintiff Winford Bryant, an Illinois inmate currently incarcerated at the Menard
Correctional Center, brought this 42 U.S.C. $ 1983 action against the Lake County Circuit Clerk,
alleging that the Clerk impeded Plaintiff s right of access to the Lake County courts.
Specifically, Plaintiff alleges that the Clerk did not docket a notice of appeal that Plaintiff filed in
his criminal case challenging the trial court's denial of Plaintiff s motion to preserve and produce
evidence. Plaintiff alleges that he sent two letters to the Clerk's office about the notice of appeal,
but as of the time he submitted his amended complaint in this federal action, Plaintiff had not
received a response from the Clerk's office. This matter is before the Court on Defendant Lake
County Circuit Clerk Keith Brin's motion to dismiss Plaintiff s amended complaint for failure to
state a claim
[14]. For the following
reasons, the motion is granted.
Discussion
It is well-established that pro
se complaints are to be
liberally construed. See Erickson
Pardus,55l U.S. 89,94 (2007); McCormickv. City of Chicago, 230 F.3d 319,325 (7th Cir.
2000). They can be dismissed for failure to state a claim only if it appears "beyond doubt that
the plaintiff can prove no set of facts in support of his claim which would entitle him to relief."
Haines v. Kerner,404 U.S. 519, 520 (1972); accord Zimmerman v. Tribble,226F.3d 568, 571
v.
(7th Cir. 2000). When considering whether to dismiss a complaint for failure to state a claim, the
Court takes the allegations in the complaint as true, viewing all facts-as well as any inferences
reasonably drawn therefrom-in the light most favorable to the plaintiff. Brool
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