Order Form (01/2005)

United States District Court, Northern District of Illinois

Name of Assigned Judge

or Magistrate Judge

Elaine E. Bucklo Sitting Judge if Other

than Assigned Judge

CASE NUMBER 12 C 2998 DATE 4/27/12

CASE

TITLE

Johnnie L. Henderson (#B-01349) v. Joseph Kazmierski, et al.

DOCKET ENTRY TEXT:

Plaintiff’s application to proceed in forma pauperis [#3] is granted and the initial partial and the initial partial filing fee is

waived. 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 to facilitate compliance with the

order. Plaintiff’s complaint is dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B) for failure to state a claim. The case is

terminated. Any other pending motions are denied as moot. This is 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, presently in state custody at Pontiac Correctional Center, has brought this pro se civil rights

action pursuant to 42 U.S.C. § 1983. Plaintiff claims that Defendants, Cook County Judges Kazmierski, Evans,

and Biebel, violated Plaintiff’s constitutional rights by making unconstitutional rulings in his underlying state

criminal action.

According to the statement submitted with his in forma pauperis application, Plaintiff has neither

available funds nor means to pay the initial partial filing fee required by 28 U.S.C. § 1915(b)(1). As 28 U.S.C.

§ 1915(b)(4) requires that a prisoner not be prohibited from bringing suit because of inability to pay, the initial

partial filing fee is waived. The trust fund officer at the correctional facility where Plaintiff is confined is

authorized 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 collected from 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. All payments shall be sent to the Clerk, United States District Court, 219 S. Dearborn

St., Chicago, IL 60604, attn: Cashier’s Desk, 20th Floor, and shall clearly identify Plaintiff’s name and the case

number assigned to this action. The inmate trust account office at the Cook County Jail shall notify transferee

authorities of any outstanding balance in the event Plaintiff is transferred from the jail to another correctional

facility. 

Under 28 U.S.C. § 1915A, the Court is required to dismiss a suit brought by a prisoner 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 Plaintiff is suing only Defendants who are immune from suit.

(CONTINUED)

AWL

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STATEMENT

 The Supreme Court has repeatedly held that a judge may not be held to answer in civil damages for acts

committed in the exercise of his or her judicial capacity. Forrester v. White, 484 U.S. 219, 228 (1988); Stump v.

Sparkman, 435 U.S. 349, 362-63 (1978); Pierson v. Ray, 386 U.S. 547 (1967). “[A] judge will not be deprived

of immunity because the action he took was in error, was done maliciously, or was in excess of his authority; rather

he will be subject to liability only when he has acted in the ‘clear absence of all jurisdiction.’” Stump, 435 U.S.

at 356-57; see also Loubser v. Thacker, 440 F.3d 439, 442 (7th Cir. 2006) (“Of course her claims against the judges

are barred; . . . they have absolute immunity from such damages claims”) (citations omitted). Consequently, Judges

Kazmierski, Biebel and Evans are immune from suit.

 For the foregoing reasons, this suit is dismissed for failure to state a claim upon which relief may be

granted. The dismissal of this case counts as a strike under 28 U.S.C. § 1915(g). Plaintiff is warned that if a

prisoner accumulates three strikes (if he has had a three federal cases or appeals dismissed as frivolous, malicious,

or for failure to state a claim), he may not file suit in federal court without prepaying the filing fee unless he is in

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

If Plaintiff wishes to appeal this dismissal, he 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,

he 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” under 28 U.S.C. § 1915(g). 

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