Order Form (01/2005)

United States District Court, Northern District of Illinois

Name of Assigned Judge

or Magistrate Judge

SHARON JOHNSON

COLEMAN

Sitting Judge if Other

than Assigned Judge

CASE NUMBER 11 C 9114 DATE January 17, 2012

CASE

TITLE

Raymond Homer (#2011-0520067) vs. City of Chicago Police Dept., et al.

DOCKET ENTRY TEXT:

The plaintiff’s motion for leave to proceed in forma pauperis [#3] is granted. The court authorizes and orders

Cook County Jail officials to begin making monthly deductions in accordance with this order. The clerk shall

send a copy of this order to the Supervisor of Inmate Trust Fund Accounts, Cook County Dept. of Corrections

Administrative Office, Division V, 2700 S. California, Chicago, Illinois 60608. However, summonses shall not

issue at this time. The plaintiff’s motion for appointment of counsel [#4] is granted. The court hereby appoints

Robert D. Kolar, Tressler, Soderstrom, Maloney & Priess, 233 South Wacker Drive, 22nd Floor, Chicago, Illinois

60606-6308, (312) 627-4000 to represent the plaintiff in accordance with counsel’s trial bar obligations under

the District Court’s Local Rule 83.37 (N.D. Ill.). The complaint on file is dismissed without prejudice to

appointed counsel filing an amended complaint within 60 days if the amended complaint comports with

appointed counsel’s obligations under Rule 11 of the Federal Rules of Civil Procedure. 

O [For further details see text below.] Docketing to mail notices.

STATEMENT

The plaintiff, an inmate in the custody of the Cook County Department of Corrections, has brought this

pro se civil rights action pursuant to 42 U.S.C. § 1983. The plaintiff sues the Chicago Police Department and

members of its force for alleged violations of his Fourth Amendment rights. The plaintiff appears to claim that

police officers used unjustified force against him, conducted an unnecessarily destructive search of his home,

planted evidence, and illegally seized personal property they knew had no evidentiary value. 

The plaintiff’s motion for leave to proceed in forma pauperis is granted. Because the plaintiff has a

twelve-cent balance in his inmate trust account and average monthly deposits of zero, the initial partial filing fee

is waived pursuant to 28 U.S.C. § 1915(b)(4). However, the supervisor of inmate trust accounts at the Cook

County Jail is authorized and ordered to begin collecting monthly payments from the plaintiff’s trust fund account

in an amount equal to 20% of the preceding month’s income credited to the account. 28 U.S.C. § 1915(b)(2). 

Monthly payments collected from the plaintiff’s trust fund account shall be forwarded to the Clerk of Court each

time the amount in the account exceeds $10 until the full $350 filing fee is paid. Id. All payments shall be sent 

(CONTINUED)

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STATEMENT (continued)

to the Clerk, United States District Court, 219 S. Dearborn St., Chicago, Illinois 60604, attn: Cashier’s Desk, 20th

Floor, and shall clearly identify the plaintiff’s name and the case number assigned to this action. The Cook County

inmate trust account office shall notify transferee authorities of any outstanding balance in the event the plaintiff

is transferred from the jail to another correctional facility. 

Under 28 U.S.C. § 1915A, the court is required to conduct a prompt threshold review of the complaint. 

Here, accepting the plaintiff’s allegations as true, the court finds that the complaint articulates potentially colorable

federal causes of action with respect to the allegedly illegal search and seizure. If the police engaged in the

misconduct alleged, the plaintiff may be entitled to relief under 42 U.S.C. § 1983. 

Due to the serious nature of the plaintiff’s allegations, as well as his apparent inability to litigate this matter

pro se, the court hereby appoints Robert D. Kolar, Tressler, Soderstrom, Maloney & Priess, 233 South Wacker

Drive, 22nd Floor, Chicago, Illinois 60606-6308, (312) 627-4000 to represent the plaintiff in accordance with

counsel’s trial bar obligations under the District Court’s Local Rule 83.37 (N.D. Ill.). After investigation,

appointed counsel should file an amended complaint within sixty days if such amendment comports with counsel’s

obligations under Rule 11 of the Federal Rules of Civil Procedure. If counsel is unable to file an amended

complaint, he should so inform the court.

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