No. 02 C4522 Page3

Accordingly, we deny plaintiff's application to proceed in forma pauperis and dismiss

his complaint.

JAMES B. MORAN
r Judge, U. S. District Court

\.Q. 16 , 2002,



Minute Orde*Form (06/97)
wa Sv United States District Court, Northern District of Illinois
vege Magistrate Judge James B. Moran “than Aaigned Judge
CASE NUMBER 02 C 4522 DATE 7/10/2002
CASE Michael Dukes vs. Vel Mar Hotel
TITLE
[In the following box (a) indicate the party filing the motion, e.g., plaintiff, defendant, 3rd party plaintiff, and (b) state briefly the nature
MOTION: of the motion being presented.]
Memorandum Opinion and Order ‘
DOCKET ENTRY:
(1) Oo Filed motion of [ use listing in “Motion” box above.}
(2) Oo Brief in support of motion due
QB) oO Answer brief to motion due__. Reply to answer brief due____.
(4) a Ruling/Hearingon___setfor__at
(5) oO Status hearing[held/continued to] [set for/re-set for]on__—set for__—___at
(6) a Pretrial conference[held/continued to] [set for/re-set for]on__——setfor_ at.
ie) Oo Trial{set for/re-set for]on__at
(8) Q [Bench/Jury trial] [Hearing] held/continued to__at
(9) o This case is dismissed [with/without] prejudice and without costs[by/agreement/pursuant to]
COFRCP4(m) (General Rule21 OO FRCP41(a)(1)  FRCP41(a)(2).
do ff {Other docket entry] | Enter Memorandum Opinion and Order. Accordingly, we deny plaintiff's

ap

application to proceed in forma pauperis and dismiss his complaint.

| {For further detail see order attached to the original minute order.]

No notices required, advised in open court,

No notices required.

Notices mailed by judge’s staff.
Notified counsel by telephone,
Docketing to mail notices.

Mail AO 450 form,

Copy to judge/magistrate judge.

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date mailed notice

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|

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION
MICHAEL DUKES, }
Plaintiff, }
vs. } No. 02 C 4522
VEL MAR HOTEL, }
Defendant. }

MEMORANDUM OPINION AND ORDER

Plaintiff Michael Dukes brings this complaint against Vel Mar Hotel alleging violations
of his civil rights. Along with his complaint, plaintiff has filed an application to proceed in
Forma pauperis. For the following reasons, plaintiffs application is denied and his complaint
dismissed.

Under 28 U.S.C. § 1915(a) the court may authorize a plaintiff to proceed in forma
pauperis if he is unable to pay the prescribed court fees, The application here indicates that
plaintiff is not employed, has minimal income, and has no savings. On these facts plaintiff
has established his inability to pay the court fees.

The court’s inquiry does not end with a finding of indigency, however. Under section
1915 we must conduct an initial review of plaintiff's claims and dismiss the action if we find
that the action is frivolous or malicious; it fails to state a claim on which relief may be granted;
or plaintiff seeks damages from a defendant who is immune from such relief. 28 U.S.C. §
1915(e)(2)(B)(i)-Giii); Alston v. Debruy, 13 F.3d 1036, 1039 (7th Cir, 1994). This action does not

appear to be frivolous or malicious, and we find no immunity issues. Our only inquiry, then,


ni at

No, 02 C 4522 Page2

is whether petitioner has properly stated a claim. We apply the same standards as if this were
an ordinary dismissal under Fed, R.Civ.P. 12(b)(6). Zimmerman y. Tribble, 266 F.3d 568, 571
(7th Cir. 2000).

Plaintiff brings this action as a civil rights violation. He states that he rented an
apartment from defendant on May 8, 2002.. On May 28, 2002, plaintiff’s water, as well as
water in 25 other apartments, was allegedly shut off and has remained off ever since. Under
these facts plaintiff has not stated a civil rights violation and we find no violation of federal
law.

Plaintiff has successfully made a state claim, however. A warranty of habitability is
implied in every oral and written residential lease. Jack Spring v. Little, 50 Il.2d 351, 366, 280
N.E.2d 208, 217 (1972); Glasoe y. Trinkle, 107 Ill.2d 1, 479 N.E.2d 915 (1985). A landlord
fulfills this warranty by complying with local building codes. Jd. Tenants may enforce this
warranty in affirmative law suits or in defense to eviction actions based on their non-payment
of rent. Under the Chicago Residential Landlord and Tenant Ordinance a landlord must
maintain hot and cold running water. See Ordinance Sections 5-12-070, 5-12-110. While
hotels are generally exempted from the ordinance’s provisions, they will fall under its scope
if a dwelling unit has been occupied by a tenant for 32 or more continuous days and tenant
pays a monthly rent. Section 5-12-020. Plaintiff has alleged that he has been living at the Vel
Mar Hotel since May 8, 2002 and paid monthly rent. On these facts plaintiff has stated a
violation of a local housing ordinance. This claim is one which is more properly brought in

state court,