James Anderson, III v. Sarah Duffy as Circuit Court Judge McLean County, Michelle Mosby-Scott, Michael Nichols, McLean County Circuit Clerks Office, John/Jane Doe Court Staff

Summary

The United States District Court for the Central District of Illinois denied James Anderson III's motion to proceed in forma pauperis because the application indicated that he could pay the filing fee. The court also dismissed the complaint without prejudice after finding that the allegations were frivolous and insufficient to state a claim. Anderson was directed to pay the filing fee and was granted twenty-one days to amend; his motions for appointed counsel and a temporary restraining order were denied as moot, with leave to renew.

Holdings

1. Plaintiff failed to demonstrate indigency because his application disclosed substantial assets and other available resources; therefore, the court denied leave to proceed in forma pauperis and required payment of the filing fee.
2. The complaint was factually frivolous because its allegations were fanciful, delusional, clearly baseless, and lacked an arguable basis in law or fact; the complaint was therefore dismissed without prejudice.
3. The motion to request counsel and the emergency motion for a temporary restraining order were denied as moot, with leave to renew.

Questions Presented

1. Whether Plaintiff demonstrated indigency sufficient to proceed in forma pauperis.
2. Whether the complaint was subject to dismissal under 28 U.S.C. § 1915(e)(2) because the allegation of poverty appeared untrue and the allegations were frivolous.
3. Whether the motions for appointment of counsel and an emergency temporary restraining order remained viable after dismissal of the complaint.

Disposition

dismissed