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OWENS v. SNYDER

No. 1-02-3765.

811 N.E.2d 738 (2004)

349 Ill.App.3d 35

285 Ill.Dec. 251

Tyrean OWENS, Plaintiff-Appellant, v. Donald SNYDER, et al., Defendants-Appellees.

Appellate Court of Illinois, First District, Second Division.

As Corrected June 2, 2004.

Attorney(s) appearing for the Case

James Geis, James Geis Law Office, Chicago, for Appellant.

Lisa Madigan, Attorney General; Gary S. Feinerman, Solicitor General; and Patricia Rosen, Assistant Attorney, General, Chicago, for Appellee.

Presiding Justice WOLFSON delivered the opinion of the court:

Does a circuit court judge have the authority to sua sponte dismiss a complaint for mandamus before summons is issued to the defendant?

This question has been answered differently by two districts of this court, but is a matter of first impression in the First District. The Fourth District answered affirmatively, finding trial courts have the "inherent authority" to protect their dockets...

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