Order Form (01/2005)

United States District Court, Northern District of Illinois

Name of Assigned Judge

or Magistrate Judge

ROBERT M. DOW, JR. Sitting Judge if Other

than Assigned Judge

CASE NUMBER 12 C 3030 DATE 4/30/12

CASE

TITLE

Corey Gearlds (#2012-0218142) vs. Cook County Dept. of Corrections

DOCKET ENTRY TEXT:

Plaintiff’s motion for leave to proceed in forma pauperis [#3] is granted. However, the complaint is summarily

dismissed on initial review pursuant to 28 U.S.C. § 1915A for failure to state a federal claim. The case is

terminated. Dismissal is without prejudice to pursuing relief in the state court system. The trust fund officer at

Plaintiff’s place of incarceration is authorized and ordered to make deductions from Plaintiff’s account and

payments to the Clerk of Court as stated herein. The Clerk is directed to mail 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. 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, an inmate in the custody of the Cook County Department of Corrections, has brought this pro

se civil rights action purportedly pursuant to 42 U.S.C. § 1983. Plaintiff claims that the clothing he was wearing

when he was admitted at the jail, and for which he can produce an inventory receipt, is now missing. 

The Court finds that Plaintiff is unable to prepay the filing fee. The Court accordingly grants Plaintiff’s

motion for leave to proceed in forma pauperis and assesses an initial partial filing fee of $6.33 pursuant to 28

U.S.C. §1915(b)(1). The trust officer at Plaintiff’s place of incarceration is directed to collect, when funds exist,

the partial filing fee from Plaintiff’s trust fund account and pay it directly to the clerk of Court. Thereafter, the

trust fund officer at the correctional facility where Plaintiff is confined is directed to collect monthly payments

from Plaintiff’s trust fund account in the amount of 20% of the precedingmonth’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 account balance 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. This payment obligation will

follow Plaintiff in the event of his transfer to another correctional facility. 

(CONTINUED)

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STATEMENT (continued)

However, under 28 U.S.C. § 1915A, 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 a federal claim as a matter of law.

Although it is most regrettable that Plaintiff’s property, including a leather coat that held sentimental value,

has been lost or stolen, he has no cause of action in federal court. A random and unauthorized deprivation of

property by a state employee does not constitute a due process violation if the State provides a meaningful postdeprivation remedy. Belcher v. Norton, 497 F.3d 742, 750 (7th Cir. 2007); Snyder v. Nolen, 380 F.3d 279, 298 (7th

Cir. 2004). The Illinois Court of Claims provides Plaintiff with an adequate remedy to redress his property loss. 

Plaintiff may also file an action in the state circuit court. See Cirrincione v. Johnson, 703 N.E.2d 67, 70 (Ill. 1998). 

Because the State provides an adequate post-deprivation remedy, the loss of Plaintiff’s property is not actionable

under 42 U.S.C. § 1983. See Gable v. City of Chicago, 296 F.3d 531, 540 (7th Cir. 2002). 

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

in federal court. Dismissal is without prejudice to pursuing any type of reliefthat may be available in the state court

system. 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, 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 30 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. Lucien v. Jockisch, 133

F.3d 464, 467 (7th Cir. 1998). Furthermore, if the appeal is found to be non-meritorious, Plaintiff may also

accumulate another “strike.” 

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