O'Quinn v. Apostol et al

Filing 11

ORDER DISMISSING CASE: The Court sua sponte DISMISSES O'Quinns complaint for lack of jurisdiction and DENIES as moot 10 MOTION for Leave to Proceed in forma pauperis filed by Jeffrey O'Quinn. The Clerk is DIRECTED to enter judgment accordingly. Signed by Judge David R. Herndon on 3/17/17. (lmp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JEFFREY O’QUINN,
Plaintiff,
v.

No. 17cv-152-DRH-RJD

LOUIS APOSTOL, Director of Illinois
State Property Tax Board of Appeals,
BRUCE RAUNER, Governor of Illinois,
JENNIFER GOMRIC-MINTON, St. Clair County Assessor,
MICHAEL CROCKETT, St. Clair County Board of Review Director,
TOM HOLBROOK, St. Clair County Clerk,
MARK A. KERN, St. Clair County Board Chairman,
CARL E. OFFICER, ex-Mayor of East St. Louis, Illinois,
LISA MADIGAN, Illinois Attorney General, and
MICHAEL TARDY, Illinois Courts Director,

Defendants.
MEMORANDUM and ORDER
HERNDON, District Judge:
Before the Court is plaintiff’s amended motion for leave to proceed in
forma pauperis (Doc. 10). In this action, plaintiff, who is proceeding pro se,
appears to allege concerns surrounding his unpaid back taxes. On two prior
occasions, the Court directed O'Quinn to file an amended complaint in order to
get a clearer understanding of what exactly O'Quinn was complaining about
(Docs. 5 &8). Specifically, in each of those orders, the Court noted:
“After reading O'Quinn’s pleadings, the Court finds that O'Quinn’s
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motion does not survive § 1915(e)(2) review. At this point the
Court cannot determine precisely what O'Quinn’s claims are
against the numerous defendants. His complaint is both
nonsensical and hard to follow. Ultimately, the Court finds that
O'Quinn’s allegations are insufficient to state a claim.”
(Doc. 5, pg. 2). The Court also informed O'Quinn of the following: “[f]ailure to
comply with this Order shall result in the Court dismissing his case for failure
to prosecute.” (Doc. 5, pg. 3). That same information was reiterated to O'Quinn
after the filing of his second amended complaint (Doc. 8). Following the Court’s
March 6, 2017 Order (Doc. 8), O'Quinn filed a third amended complaint (Doc.
9) and motion for leave to proceed in forma pauperis (Doc. 10).
For plaintiffs proceeding in forma pauperis, the Court is required to
“dismiss the case at any time” upon determining that the complaint is frivolous
or fails to state a claim. See 28 U.S.C. § 1915(e)(2). After reviewing O'Quinn’s
amended pleadings, the Court finds that O'Quinn’s complaint does not survive
§ 1915(e)(2) review.
Despite O'Quinn’s multiple amendments to his complaint, and mention
of the U.S. Constitution, he cannot, through his not so artful draftsmanship,
avoid the fact that his cause of action is about how St. Clair County is now, and
has in the past, assessed and collected from him real property taxes. Moreover,
O'Quinn is complaining about the fact that St. Clair County and its employees
insist on trying to collect from him back taxes, which they insist he owes.
O'Quinn does not allege that St. Clair County or its employees have tried to
evict him from his property or that they have tried to sell it. O'Quinn only
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alleges the assessment and attempt to collect real property taxes. Thus, the
Court lacks jurisdiction over O'Quinn’s claims because he does not bring this
action based on a federal question. 1
Accordingly, the Court sua sponte DISMISSES O'Quinn’s complaint for
lack of jurisdiction. Further, the Court DENIES as moot O'Quinn’s motion to
proceed without prepaying fees or costs (Doc. 10). The Clerk is DIRECTED to
enter judgment.
IT IS SO ORDERED.
Signed this 17th day of March, 2017.

Digitally signed by
Judge David R. Herndon
Date: 2017.03.17
11:52:41 -05'00'
United States District Judge

1

It is clear that Illinois citizens exist on both sides of the above-styled cause. Therefore,
the Court finds that complete diversity is lacking and that this Court lacks diversity
jurisdiction.

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