Tucker v. People of the State of Illinois

Filing 9

ORDER DISMISSING CASE. Signed by Judge G. Patrick Murphy on 12/27/2012. (ktc)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

BRIAN TUCKER,
Petitioner.

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MISC. NO. 12-57-GPM

MEMORANDUM AND ORDER
MURPHY, District Judge:
Petitioner Brian Tucker’s allegations in this miscellaneous action are a mess. What he asks
this Court to do is utterly unclear. The Court filed a Show Cause Order on November 8, 2012,
ordering Mr. Tucker to explicate a petition that was cognizable and within the jurisdiction of this
Court (Doc. 7). Mr. Tucker timely responded to the Show Cause Order (Doc. 8), but his response
misses the mark. It is possible that Mr. Tucker is asking the Court to refer a matter for criminal
prosecution. (What matter, and refer to what prosecutorial body? Unclear). It is also possible that
Mr. Tucker wishes to initiate a 42 U.S.C. § 1983 action against authorities in Cook County, in which
case this miscellaneous action is the improper vehicle. But it is not clear that is what Mr. Tucker
wishes to do. The Court will not spend its time ferreting out a claim here. Each filing Mr. Tucker
has submitted further confuses, and efforts to cognize a plausible claim or actionable petition have
become Sisyphean. This action shall be DISMISSED with prejudice as factually and legally
frivolous. See Hoskins v. Poelstra, 320 F.3d 761, 763 (7th Cir. 2003) (“District judges have ample
authority to dismiss frivolous or transparently defective suits spontaneously, and thus save everyone
time and legal expense. This is so even when the plaintiff has paid all fees for filing and service.”).
This action will be closed on the Court’s docket.

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IT IS SO ORDERED.
DATED: December 27, 2012
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G. PATRICK MURPHY
United States District Judge

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