Ana M. Otero, also known as Luana v. John P. Hackett and Ronald S. Motil

Summary

The United States District Court for the Southern District of Illinois denied Ana M. Otero's motion to proceed without prepaying fees or costs after finding that her financial affidavit showed sufficient resources to pay the filing fee. The court dismissed her complaint without prejudice, holding that her claims against state court judges based on their judicial rulings were barred by judicial immunity, and allowed her until April 27, 2026, to pay the filing fee and file an amended complaint.

Holdings

1. Otero was not entitled to proceed without prepaying fees or costs because her affidavit showed monthly take-home wages, liquid assets, property, and disposable income sufficient to pay the $405 filing fee.
2. Judges Hackett and Motil were absolutely immune from damages arising from actions taken in their judicial capacities.
3. The complaint failed to state a claim because it challenged only judicial rulings by immune defendants and therefore was dismissed without prejudice.

Questions Presented

1. Whether Otero demonstrated indigency sufficient to proceed without prepaying the filing fee under 28 U.S.C. § 1915(a)(1).
2. Whether the complaint stated a claim against the defendant judges for damages arising from their rulings in their judicial capacities.
3. Whether the complaint should be dismissed at preliminary screening for failure to state a plausible claim.

Disposition

dismissed