Orr v. Mehrtens

Filing 7

MEMORANDUM AND ORDER, The Court DENIES Orrs motion for leave to proceed in forma pauperis (Doc. 2 ), DISMISSES Orrs complaint without prejudice and DIRECTS the Clerk of Court to enter judgment accordingly. Signed by Judge J. Phil Gilbert on 5/7/2014. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JOHN LEE ORR,
Plaintiff,
v.

Case No. 14-cv-454-JPG-DGW

SHARON MEHRTENS,
Defendant.
MEMORANDUM AND ORDER
This matter comes before the Court on the motion of plaintiff John Lee Orr for leave to
proceed in forma pauperis (Doc. 2). A federal court may permit an indigent party to proceed
without pre-payment of fees. 28 U.S.C. § 1915(a)(1). Nevertheless, a court can deny a qualified
plaintiff leave to file in forma pauperis or can dismiss a case if the action is clearly frivolous or
malicious. 28 U.S.C. § 1915(e)(2)(B)(i). The test for determining if an action is frivolous or
without merit is whether the plaintiff can make a rational argument on the law or facts in support of
the claim. Neitzke v. Williams, 490 U.S. 319, 325 (1989); Corgain v. Miller, 708 F.2d 1241, 1247
(7th Cir. 1983). When assessing a motion to proceed in forma pauperis, a district court should
inquire into the merits of the plaintiff’s claims, and if the court finds them to be frivolous, it should
deny leave to proceed in forma pauperis. Lucien v. Roegner, 682 F.2d 625, 626 (7th Cir. 1982).
Orr’s motion is delinquent in two ways. First, he does not submit evidence of his
indigency. Second, the Court is unable to discern a cause of action over which it has subject
matter jurisdiction. It appears that Orr believes defendant Sharon Mehrtens has been appointed
his guardian and payee of his veteran’s benefits but refuses to pay court costs and probation fees he
owes to Franklin County, Illinois. He seeks as a remedy a competency hearing and $500,000.
Nothing about this suggests federal jurisdiction.

Because it appears this Court does not have jurisdiction over Orr’s complaint, the Court
DENIES Orr’s motion for leave to proceed in forma pauperis (Doc. 2), DISMISSES Orr’s
complaint without prejudice and DIRECTS the Clerk of Court to enter judgment accordingly.
The Court further suggests Orr contact a legal clinic that assists veterans, such as, for example, the
John Marshall Law School Veterans Legal Support Center and Clinic ([phone]).1
IT IS SO ORDERED.
DATED: May 7, 2014
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

1

The Court does not endorse the services of this particular legal clinic but simply lists it as an example of an
organization that may be able to assist Orr with his concerns. Other veterans clinics may be identified by searching
the internet.

2