Washington v. Harper

Filing 11

ORDER denying 9 Motion for Leave to Proceed in forma pauperis; denying 10 Motion to Appear in Person. The Clerk of Court is DIRECTED to send Washington the forms and instructions for filing a civil rights action pursuant to 42 U.S.C. Sec. 1983 , and those for filing a habeas corpus action under 28 U.S.C. Sec. 2254 and Sec. 2241. Any new case(s) filed by Washington shall be assigned a new case number and will be assessed the appropriate filing fee. Signed by Chief Judge Nancy J. Rosenstengel on 7/22/2021. (beb)

Case 3:17-cv-00690-NJR Document 11 Filed 07/22/21 Page 1 of 4 Page ID #58

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JACOB WASHINGTON,
Plaintiff,
vs.
JOE HARPER,
Defendant.

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Case No. 17-cv-690-NJR

MEMORANDUM AND ORDER
ROSENSTENGEL, Chief Judge:
Now before the Court are two motions filed in this closed case by Petitioner Jacob
Washington on July 14, 2021: a Motion and Affidavit to Proceed in District Court Without
Prepaying Fees or Costs (Doc. 9), and another document characterized by the Court as a
Motion to Appear in Person (Doc. 10). Washington is confined at the Chester Mental
Health Center (“CMHC”). (Doc. 9, p. 1).
Washington filed his original habeas corpus Petition on June 30, 2017 (Doc. 1), and
an Amended Petition (Doc. 3), on July 17, 2017. Washington’s Amended Petition was
dismissed because the Court was unable to discern whether Washington was seeking
release from custody or was requesting mental health treatment and money damages.
(Doc. 5). The Court directed Washington to either file a civil rights action under 42 U.S.C.
§ 1983 if he was asking for mental health treatment and/or money damages, or
alternatively, to file a habeas corpus petition under 28 U.S.C. § 2254 or § 2241 if he was
seeking release from detention. Id.
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On November 6, 2017, the Court dismissed this case without prejudice after
Washington failed to submit another amended Petition as ordered. (Doc. 6). The Court
received no communication from Washington in the ensuing three and a half years.
Washington’s new motions do not clarify which type of relief he now wants to
pursue. In the Motion to Appear in Person, he references “Civil Precedure [sic] Handbook
Article 1-1 Conflict of Interest,” the Declaration of Independence, “Court of Claims
28 U.S.C.A. § 1491,” and “Article III Section I.” (Doc. 10, p. 1). He then lists addresses for
the White House and unidentified locations in Washington, D.C., the Chicago area,
Waterloo, Illinois, and Chester, Illinois. (Doc. 10, p. 2). He partially quotes the Fourteenth
Amendment of the U.S. Constitution (Doc. 10, p. 3). He concludes:
I Jacob Louis Washington
As to appear in Flesh & Blood
I have been in this treatment
treatment for team I need help
team and exam
I have recoved on my Lord And
Savior Jesus Cright Please help
me because I have for Me is love
for the judge I cry for all Peers
To
(Doc. 10, p. 4) (misspellings in original). This statement suggests that Washington may be
seeking proper treatment at Chester. As with Washington’s 2017 pleadings, however, it
fails to provide enough information for the case to proceed past preliminary review
under either 28 U.S.C. 1915A or Rule 4 of the Rules Governing Section 2254 Cases in the
United States District Courts.
In the absence of a proper Petition or Complaint, the Court will not grant the

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Motion to Appear (Doc. 10). The Motion to Proceed without payment of fees (Doc. 9) will
also be denied, as Washington failed to include a completed financial affidavit.
This case will remain closed, but Washington may file a new case if he wants the
Court to consider his request for relief.
As Washington was advised when his earlier Petition was dismissed, if he is
asking for mental health treatment, monetary damages, or otherwise complaining about
the conditions of his confinement, he should file a civil rights case under 42 U.S.C. § 1983.
The filing fee for a § 1983 action is $402, but the fee is reduced to $350 and may be paid
in installments if a motion to proceed without prepayment (to proceed in forma pauperis,
or “IFP”) is approved. Washington is ADVISED that a § 1983 action will be subject to the
three-strikes rule of the Prison Litigation Reform Act (meaning if his case is frivolous or
fails to state a claim, he could receive a “strike”). A prisoner who accumulates three
“strikes” is prohibited from filing future lawsuits without full prepayment of the filing
fee, unless he can show that he faces imminent danger of serious physical injury. 28 U.S.C.
§ 1915(g).
Alternatively, if Washington is claiming that he should be released from custody
or is challenging the length of his detention, he must file a petition for writ of habeas
corpus under either 28 U.S.C. § 2241 or § 2254. 1 Preiser v. Rodriguez, 411 U.S. 475, 499-500

Whether § 2254 or § 2241 would govern Washington’s habeas claim depends on how he came
to be confined at CMHC. If he is in custody pursuant to a State Court judgment/conviction, then
§ 2254 likely would apply. However, if he is detained at CMHC for some other reason, such as a
ruling that he is unfit to stand trial or some other form of pre-conviction custody, then § 2241 is
likely to govern his claim. See Walker v. O’Brien, 216 F.3d 626, 633 (7th Cir. 2000).

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(1973). The filing fee for a § 2241 or § 2254 action is $5.00, and the fee may be waived if
Washington submits an IFP motion and affidavit showing he is without sufficient funds.
For these reasons, the Motion and Affidavit to Proceed in District Court Without
Prepaying Fees or Costs (Doc. 9) and Motion to Appear in Person (Doc. 10) are DENIED.
The Clerk of Court is DIRECTED to send Washington the forms and instructions
for filing a civil rights action pursuant to 42 U.S.C. § 1983, and those for filing a habeas
corpus action under 28 U.S.C. § 2254 and § 2241. Washington is strongly advised to use
one (or more) of these forms and to complete all the requested information if he decides
to pursue relief in this Court.
Any new case(s) filed by Washington shall be assigned a new case number and
will be assessed the appropriate filing fee. Washington may request to proceed without
prepayment of fees by submitting a motion and completed financial affidavit along with
his Complaint or Petition.
IT IS SO ORDERED.
DATED: July 22, 2021

______________________________
NANCY J. ROSENSTENGEL
Chief U.S. District Judge

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