Helene Tonique Williams v. Toni Preckwinkle ( 2019 )


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  •                          NONPRECEDENTIAL DISPOSITION
    To be cited only in accordance with Fed. R. App. P. 32.1
    United States Court of Appeals
    For the Seventh Circuit
    Chicago, Illinois 60604
    Submitted November 1, 2019*
    Decided November 4, 2019
    Before
    AMY C. BARRETT, Circuit Judge
    MICHAEL B. BRENNAN, Circuit Judge
    MICHAEL Y. SCUDDER, Circuit Judge
    No. 19‐2214
    HELENE TONIQUE WILLIAMS,                           Appeal from the United States District
    Plaintiff‐Appellant,                           Court for the Northern District of Illinois,
    Eastern Division.
    v.                                          No. 19‐cv‐3743
    TONI PRECKWINKLE, et al.,                          Rubén Castillo,
    Defendants‐Appellees.                         Judge.
    ORDER
    Helene Tonique Williams, also known as “Helene Re Re T. Williams,” a
    restricted filer in the Northern District of Illinois, sued Toni Preckwinkle, the City of
    Chicago, Cook County, and the Chicago Police Department’s Seventh District, claiming
    that she was arrested, indicted, and deprived of her gun as retaliation against her for
    filing lawsuits. She now appeals the district court’s termination of her case for failure to
    *The appellees were not served with the complaint in the district court and so are
    not participating in this appeal. We have agreed to decide this case without oral
    argument because the appeal is frivolous. FED. R. APP. P. 34(a)(2)(A).
    No. 19‐2214                                                                          Page 2
    comply with the restricted‐filer rules. Because she does not offer any reason that the
    district court’s action was erroneous, we dismiss the appeal.
    The Executive Committee of the Northern District of Illinois designated Williams
    as a restricted filer after she filed 10 lawsuits in that district between June 19, 2018 and
    July 31, 2018. The order enjoined Williams from filing pro se any new civil cases in the
    district without first obtaining leave. The order set forth clear instructions for how
    Williams could obtain permission to file a new lawsuit and explained that leave would
    not be granted to file a legally frivolous complaint or one that duplicated existing cases.
    Williams appealed, but her appeal was dismissed for failure to prosecute. She
    continued to file lawsuits in the Northern District, and the Executive Committee
    eventually modified its order to require that her filings be returned to her unopened.
    Perhaps to circumvent the filing restrictions, Williams initially filed this case in
    the Central District of Illinois. When the assigned judge saw that all the alleged conduct
    took place in the Northern District of Illinois, and that all the parties had addresses
    there, she appropriately transferred the case under 
    28 U.S.C. § 1404
    (a). The transfer
    automatically resulted in the creation of a new case number and docket in the Northern
    District of Illinois despite Williams’s status as a restricted filer. Accordingly, the
    Executive Committee entered an order the next day stating that the docket “was
    electronically opened in error” and ordering that “the assignment of 19‐cv‐3743 shall be
    vacated.” Williams appealed, and the Executive Committee granted her leave to
    proceed in forma pauperis.
    On appeal, Williams again challenges her arrest, her indictment, and the
    confiscation of her gun. But her brief and appendix altogether fail to discuss the reason
    that her case was terminated: that Williams did not obtain leave from the Executive
    Committee to pursue it. Although we liberally construe pro se filings, “an appellate brief
    that does not even try to engage the reasons the appellant lost has no prospect of
    success.” Klein v. O’Brien, 
    884 F.3d 754
    , 757 (7th Cir. 2018) (emphasis in original). Such a
    brief runs afoul of Federal Rule of Appellate Procedure 28(a)(8). See Anderson v.
    Hardman, 
    241 F.3d 544
    , 545 (7th Cir. 2001) (dismissing appeal when brief offered “no
    articulable basis for disturbing the district courtʹs judgment” and simply repeated the
    allegations in the complaint).
    We conclude by informing Williams that further frivolous appeals may result in
    sanctions. And failing to pay them might lead to an order under Support Systems
    International, Inc. v. Mack, 
    45 F.3d 185
    , 186 (7th Cir. 1995), forbidding her from filing
    papers in any court within this circuit.
    This appeal is frivolous, and therefore it is DISMISSED.
    

Document Info

Docket Number: 19-2214

Judges: Per Curiam

Filed Date: 11/4/2019

Precedential Status: Non-Precedential

Modified Date: 11/4/2019