Wolf v. Carey

MEMORANDUM AND ORDER

ROBSON, Senior District Judge.

This cause is before the court on the motion of defendant pursuant to Fed.R. Civ.P. 12(b)(6) to dismiss the complaint for failure to state a claim upon which relief can be granted. For the reasons hereinafter stated, the motion shall be granted.

Plaintiff was tried and convicted of arson with the intent to defraud an insurer in the Circuit Court of Cook County in 1974 (Indictment No. 73-144). He was sentenced to prison for one and one-half to four and one-half years and ordered to pay a $10,000 fine. His conviction was reversed by the Illinois…