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Fernandez v. the Supreme Court of the State of Illinois

United States District Court, N.D. Illinois, Eastern Division
May 16, 2002
No. 02 C 3402 (N.D. Ill. May. 16, 2002)

Opinion

No. 02 C 3402

May 16, 2002


MEMORANDUM OPINION AND ORDER


Plaintiff and former attorney Connie R. Fernandez filed an 81-page complaint, which includes allegations that she was disbarred in violation of her due process and equal protection rights, that the rules of the Supreme Court of Illinois and the Illinois Attorney Registration and Disciplinary Commission of the Supreme Court of the State of Illinois (ARDC) are unconstitutional, and that various individual defendants violated her due process rights. She brings this action against 34 named defendants, including the Supreme Court of the State of Illinois; state judges; employees of the ARDC; lawyers who appeared against her in prior cases; former colleagues; and various former clients, as well as 1,000 unnamed defendants. The complaint is before us on plaintiff's application to proceed in forma pauperis. For the following reasons, we dismiss plaintiff's complaint.

Under 28 U.S.C. § 1915(a) we may authorize a plaintiff to proceed in forma pauperis if she is unable to pay the prescribed court fees. In her application plaintiff claims she is unemployed, has no income, and has no savings. On these facts she has established her inability to pay fees.

Our inquiry does not end with a finding of indigency, however. Under § 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)- (iii); Alston v. Debruy, 13 F.3d 1036, 1039 (7th Cir. 1994). Plaintiff appears pro se and her pleadings should be construed liberally. Henderson v. Sheahan, 196 F.3d 839, 845 (7th Cir. 1999). We recognize also that plaintiff was a practicing attorney in the State of Illinois until three years ago.

Under the Federal Rules of Civil Procedure a complaint shall contain "a short and plain statement of the claim showing that the pleader is entitled to relief." Fed.R.Civ.P. 8(a)(2). Additionally, each "averment of a pleading shall be simple, concise, and direct." Fed.R.Civ.P. 8(e). If a complaint is lengthy and confusing it burdens a defendant in filing a responsive pleading and makes it difficult for the trial court to conduct orderly litigation. Vicom, Inc. v. Harbridge Merchant Services, Inc., 20 F.3d 771, 776 (7th Cir. 1994). Plaintiff's complaint is unnecessarily lengthy, redundant, and confusing, making it difficult to determine which alleged wrongdoings, if any, constitute the claimed violations of federal and state law.

Plaintiff has violated Rules 8(a) and (e) and her complaint is dismissed without prejudice.


Summaries of

Fernandez v. the Supreme Court of the State of Illinois

United States District Court, N.D. Illinois, Eastern Division
May 16, 2002
No. 02 C 3402 (N.D. Ill. May. 16, 2002)
Case details for

Fernandez v. the Supreme Court of the State of Illinois

Case Details

Full title:CONNIE R. FERNANDEZ, Plaintiff, v. THE SUPREME COURT OF THE STATE OF…

Court:United States District Court, N.D. Illinois, Eastern Division

Date published: May 16, 2002

Citations

No. 02 C 3402 (N.D. Ill. May. 16, 2002)