3:26-cv-00011•Williams, Lucas v. Jimenez, Sergio et al
Gesamter Gesetzestext
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN LUCAS WILLIAMS, Plaintiff, v. SERGIO JIMENEZ, KEVIN C. McCLANAHAN, CARMEN PACHECO, DAWN HILL-KEARSE, and WAVNY TOUSSAINT, Defendants. OPINION AND ORDER 26-cv-11-wmc Plaintiff Lucas Williams, who purports to reside in New Orleans, Louisiana, and who represents himself, has filed a one-page complaint, stating that the defendants have conspired to violate his right to due process in connection with “LT-325749-22/KI,” but providing no factual support whatsoever. (Dkt. #1.) Because plaintiff seeks leave to proceed without prepayment of the filing fee, the court must screen the complaint under 28 U.S.C. § 1915(e)(2)(B) and dismiss any portion that is frivolous or malicious, fails to state a claim upon which relief may be granted, or seeks money damages from an immune defendant. The court must construe a pro se litigant’s pleadings generously, holding the complaint to a less stringent standard than one a lawyer drafts. Arnett v. Webster, 658 F.3d 742, 751 (7th Cir. 2011). However, pro se plaintiffs still must provide enough facts to support a plausible claim for relief. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009); Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007). After considering the complaint and plaintiff’s litigation history, the court will dismiss the complaint with prejudice for reasons explained below. Case: 3:26-cv-00011-wmc Document #: 4 Filed: 01/07/26 Page 1 of 4
2 OPINION The court begins its analysis with Federal Rule of Civil Procedure 8(a)(2), which requires a complaint to contain a “short and plain statement of the claim showing that the pleader is entitled to relief.” Each allegation must be “simple, concise, and direct.” Fed. R. Civ. P. 8(d)(1). This standard does not require “detailed factual allegations,” but “naked assertions devoid of further factual enhancement” are not enough. Iqbal, 556 U.S. at 678. In other words, a “plaintiff must do better than putting a few words on paper that, in the hands of an imaginative reader, might suggest that something has happened to [him] that might be redressed by the law.” Swanson v. Citibank, N.A., 614 F.3d 400, 403 (7th Cir. 2010) (emphasis in original). The court understands plaintiff to be suing the defendants under 42 U.S.C. § 1983, but to succeed on constitutional claims under this statute, the defendants must have acted “under color of state law.” Rodriguez v. Plymouth Ambulance Serv., 577 F.3d 816, 822 (7th Cir. 2009). Likewise, the defendants must have been personally involved in the alleged constitutional violation. Mitchell v. Kallas, 895 F.3d 492, 498 (7th Cir. 2018); see also Minix v. Canarecci, 597 F.3d 824, 833-34 (7th Cir. 2010) (individual liability under § 1983 requires personal involvement, so plaintiff must allege sufficient facts showing that individual personally caused or participated in constitutional deprivation). Here, plaintiff does not identify who the defendants are or explain what each one did to violate his rights. Plaintiff’s bare allegations do not demonstrate that any of the defendants violated his constitutional rights. See Iqbal, 556 U.S. at 678 (“[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements,” are insufficient to Case: 3:26-cv-00011-wmc Document #: 4 Filed: 01/07/26 Page 2 of 4
3 satisfy Federal Rule of Civil Procedure 8(a)(2)). Therefore, the complaint fails to satisfy the federal pleading standard found in Rule 8. The Seventh Circuit has cautioned against dismissing a self-represented plaintiff’s case without giving the plaintiff a chance to amend. Felton v. City of Chicago, 827 F.3d 632, 636 (7th Cir. 2016). The court declines to grant such leave in this case. First, it is plain that neither the plaintiff nor the defendants have any connection to the Western District of Wisconsin.1 Second, the court notes that plaintiff has filed the identical, bare-bones complaint against the same defendants in at least ten other federal district courts, signaling that he is an abusive litigant. Williams v. Jimenez, No. 3:26-cv-4 (E.D. Ark.); Williams v. Jimenez, No. 4:26-cv-8 (D. Ariz); Williams v. Jimenez, No. 3:26-cv-21 (M.D. Fla.); Williams v. Jimenez, No. 4:26-cv-4 (N.D. Fla.); Williams v. Jimenez, No. 7:26-cv-2 (M.D. Ga.); Williams v. Jimenez, No. 4:26-cv-4003 (C.D. Ill.); Williams v. Jimenez, No. 4:26-cv-40001 (D. Mass.); Williams v. Jimenez, No. 4:26-cv-3005 (D. Neb.); Williams v. Jimenez, No. 1:26-cv-4, D. R.I.); Williams v. Jimenez, No. 3:26-cv-6 (E.D. Va.); and Williams v. Jimenez, No. 5:26-cv-1 (W.D. Va.). A district court has broad discretion to dismiss a complaint “for reasons of wise judicial administration . . . whenever it is duplicative of a parallel action already pending in another federal court.” McReynolds v. Merrill Lynch & Co., 694 F.3d 873, 888-89 (7th Cir. 2012) (internal quotations and citations omitted). Indeed, “it is ‘malicious’ for a pauper to file a lawsuit that duplicates allegations of another pending federal lawsuit by the same plaintiff.” 1 The court takes judicial notice of public records showing that Sergio Jimenez is a civil court judge in Queens County, New York; Kevin C. McClanahan is a civil court judge in Bronx County, New York; Carmen Pacheco is a small claims court judge in Kings County, New York, where Dawn Hill-Kearse serves as County Clerk; and Wavny Toussaint is a justice on the Supreme Court for the 2nd District of New York. Case: 3:26-cv-00011-wmc Document #: 4 Filed: 01/07/26 Page 3 of 4
4 Pittman v. Moore, 980 F.2d 994, 995 (5th Cir. 1993) (quoting Wilson v. Lynaugh, 878 F.2d 846, 849 (5th Cir. 1989)). Because the court concludes that the complaint is both duplicative and malicious, the complaint will be dismissed with prejudice and the clerk of court will be directed to close this case. ORDER IT IS ORDERED that: 1) The complaint filed by plaintiff Lucas Williams (dkt. #1) is DISMISSED with prejudice as duplicative and malicious under 28 U.S.C. § 1915(e)(2)(B). 2) Plaintiff’s motion for leave to proceed in forma pauperis (dkt. #2) is DENIED. 3) The clerk of court is directed to close this case and enter judgment accordingly. Entered this the 7th day of January 2026. BY THE COURT: /s/ ________________________________________ WILLIAM M. CONLEY District Judge Case: 3:26-cv-00011-wmc Document #: 4 Filed: 01/07/26 Page 4 of 4
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