Order Form (01/2005)

United States District Court, Northern District of Illinois

Name of Assigned Judge

or Magistrate Judge Marvin E. Aspen Sitting Judge if Otherthan Assigned Judge

CASE NUMBER 12 C 2101 DATE March 26, 2012

CASE

TITLE

Paul Turner (2011-1102212) v. Godinez, et al. 

DOCKET ENTRY TEXT

Plaintiff’s application to proceed in forma pauperis [3] is granted. The Court authorizes and orders Cook County Jail

officials to deduct $11.20 from Plaintiff’s account, and to continue 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, IL 60608. However, summonses shall

not issue. The complaint is dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B) and Fed. R. Civ. P. 12(b)(6) for failure to

state an actionable federal claim. The case is terminated. This dismissal counts as one of Plaintiff’s three allotted

dismissals under 28 U.S.C. § 1915(g).

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

STATEMENT

Plaintiff, Paul Turner, a pretrial detainee at Cook County Jail, brings this pro se civil rights action pursuant to

42 U.S.C. § 1983. 

Plaintiff’s motion for leave to proceed in forma pauperis is granted. Pursuant to 28 U.S.C. § 1915(b)(1),

Plaintiff is assessed an initial partial filing fee of $11.20. The supervisor of inmate trust accounts at the Cook County

Jail is authorized and ordered to collect, when funds exist, the partial filing fee from Plaintiff’s trust fund account and

pay it directly to the Clerk of Court. After payment of the initial partial filing fee, Plaintiff’s trust fund officer is

directed to collect monthly payments from Plaintiff’s trust fund account in an amount equal to 20% of the preceding

month’s income credited to the account. Monthly payments 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. All payments shall be sent to the Clerk, United

States District Court, 219 S. Dearborn St., Chicago, Illinois 60604, attn: Cashier’s Desk, 20th Floor, and shall clearly

identify Plaintiff’s name and the case number assigned to this action. The Cook County Jail inmate trust account office

shall notify transferee authorities of any outstanding balance in the event Plaintiff is transferred from the jail to another

correctional facility. 

However, under 28 U.S.C. § 1915(e)(2), the Court is required to dismiss a suit brought in forma pauperis at

any time if the Court determines that it is frivolous or malicious, fails to state a claim on which relief may be granted,

or seeks monetary relief against a defendant who is immune from such relief. Here, even accepting Plaintiff’s factual

allegations as true, the Court finds that the complaint fails to state an actionable federal claim as a matter of law. 

Plaintiff alleges that at his September 7, 2011, parole board hearing, he was informed that his “out-date” was

September 30, 2011. However, the staff at the Northern Receiving Center and Stateville Correctional Center did not

follow the prison review board’s order and Plaintiff remained detained 34 days over his out-date. Plaintiff seeks

compensation for the 34 days he was detained past his out-date. 

 Section 1983 does not provide a cause of action for every improper or wrongful deprivation of liberty by a

state. See Lundblade v. Franzen, 631 F. Supp. 214, 217 (N.D. Ill. 1986). Only if other procedural safeguards,

including any safeguards provided by state law, are inadequate may there be a valid Section 1983 cause of action. See

Parrat v. Taylor, 451 U.S. 527, 537 (1981). Here, the Illinois state law tort of false imprisonment provides an adequate

procedural safeguard for a prisoner alleging a due process violation based on alleged extended or wrongful custody. 

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STATEMENT

See Toney-El v. Franzen, 777 F.2d 1224, 1228 (7th Cir. 1985); Thompson v. Sheahan, 2001 WL 204774, No. 00 C

3772, at * 3 (N.D. Ill. March 1, 2001) (Castillo, J.) (dismissing due process and Eighth Amendment claim based on

alleged failure to be released from custody after expiration of sentence). Thus, Plaintiff fails to state a claim under

Section 1983 and the Court discern’s no other grounds for jurisdiction over any state law claim. 

 For the foregoing reasons, this suit is dismissed for failure to state a claim for which relief can be granted. 

Plaintiff is warned that if a prisoner has had a total of three federal cases or appeals dismissed as frivolous,

malicious, or failing to state a claim, she may not file suit in federal court without prepaying the filing fee unless she is

in imminent danger of serious physical injury. 28 U.S.C. § 1915(g).

If Plaintiff wishes to appeal this dismissal, she may file a notice of appeal with this court within thirty days of

the entry of judgment. Fed. R. App. P. 4(a)(4). A motion for leave to appeal in forma pauperis should set forth the

issues Plaintiff plans to present on appeal. See Fed. R. App. P. 24(a)(1)(c). If Plaintiff does choose to appeal, she will

be liable for the $455 appellate filing fee irrespective of the outcome of the appeal. Evans v. Illinois Dept. of

Corrections, 150 F.3d 810, 812 (7th Cir. 1998). Furthermore, if the appeal is found to be non-meritorious, Plaintiff

may also accumulate another “strike.” 

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