Lim, Khor v. City of Chicago et al

Filing 12

ORDER denying plaintiff leave to file his proposed complaint. Plaintiff's pending 2 , 5 , 6 , 7 , 9 motions are denied. Signed by District Judge Barbara B. Crabb on 7/30/2013. (jef),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - KHOR CHIN LIM,
ORDER
Plaintiff,
13-cv-347-bbc
v.
CITY OF CHICAGO, ANITA ALVAREZ,
STATE ATTORNEY OF COOK COUNTY
OF ILLINOIS, SHERIFF OF COOK COUNTY
and DOES 1-15,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Plaintiff Khor Chin Lim has filed a civil rights complaint in which he alleges that he
was arrested illegally by police officers, incarcerated in the Cook County jail and then taken
to a mental health facility in Elgin, Illinois, after being found unfit to stand trial. He is
seeking damages against the state attorney, the sheriff and the city, as well as an injunction
restraining the state attorney from prosecuting him. In addition, he has filed a motion for
summary judgment, dkt. #2; two motions for preliminary injunctions, dkts. ##7, 9; a
motion to have the United States Marshal serve the defendants, dkt. #6; and a motion for
leave to proceed in forma pauperis. Dkt. #5.
Plaintiff is restricted from filing new cases without paying the full filing fee because
he has filed at least three cases in this court that have been deemed frivolous. E.g., Lim v.
Walker, 12-cv-625-bbc; Lim v. Walker, 12-cv-552-bbc; Lim v. Walker, 12-cv-492-bbc.

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Accordingly, he may not bring any new action here unless he alleges that he is in imminent
danger of physical harm. 28 U.S.C. § 1915(g). He has not done that in this case; he is
merely asking the court to restrain a state court criminal proceeding against him, something
the court may not do. 28 U.S.C. § 2283, Younger v. Harris, 401 U.S. 37 (1971). His
complaint is legally frivolous and may not be pursued.
Because plaintiff has not shown that he is in imminent danger of serious physical
Plaintiff’s request for leave to proceed in forma pauperis will be denied. He is responsible
for paying the full filing fee, which is $350, together with an administrative fee of $50, for
a total of $400. Judicial Conference Schedule of Fees, District Court Miscellaneous Fee
Schedule (14), Issued in accordance with 28 U.S.C. § 1914.

ORDER
IT IS ORDERED that plaintiff Khor Chin Lim is DENIED leave to file his proposed
complaint, dkt. #1, against defendants City of Chicago, Anita Alvarez, State Attorney of
Cook County of Illinois, Sheriff of Cook County and Does 1-15.

FURTHER IT IS

ORDERED that the following motions are DENIED:
1. Plaintiff’s motion for summary judgment, dkt. #2;
2. Plaintiff’s motion to have the United States Marshal serve his complaint upon
defendants, dkt. #6; and
3. Plaintiff’s motions for preliminary injunctions and restraining orders, dkts. ##7,
9.

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FURTHER, IT IS ORDERED that plaintiff is responsible for paying $400 to the
Clerk of Court for the Western District of Wisconsin as his fee for filing this case.
Entered this 30th day of July, 2013.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

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