Owens v. Snyder

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 from the numerous, frivolous mandamus requests filed by inmates. Mason v. Snyder, 332 Ill. App. 3d 834, 840, 774 N.E.2d 457 (2002). The Second…