Chestnutt v. Escapa et al
| William L. Chestnutt |
| Ramon Escapa, Marita Griffith and Sonya Mallory |
| 3:2014cv03352 |
| November 14, 2014 |
| US District Court for the Central District of Illinois |
| Springfield Office |
| Schuyler |
| Sue E. Myerscough |
| Tom Schanzle-Haskins |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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| Document Text |
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Filing
30
OPINION entered by Judge Sue E. Myerscough on 10/07/2015. SEE WRITTEN OPINION. Defendant Marvin Reed's Motion to Dismiss (d/e 26 ) is GRANTED. The claim against Defendant Reed is DISMISSED for failure to state a claim. Plaintiff may file a second amended complaint against Defendant Reed (or the appropriate defendant, depending on the claim) on or before October 21, 2015. If Plaintiff fails to do so, the Court will dismiss this case with prejudice.(DM, ilcd)
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Filing
25
OPINION entered by Judge Sue E. Myerscough on 08/19/2015. SEE WRITTEN OPINION. Defendants' Motion to Dismiss (d/e 20 ) is GRANTED. The claim against Defendant Escapa is DISMISSED because he is entitled to prosecutorial immunity on the cla im Plaintiff brought against him. The claims against Defendants Griffith and Mallory are DISMISSED for lack of subject-matter jurisdiction. In the alternative, Plaintiff has failed to allege a § 1983 substantive due process claim against De fendants Griffith and Mallory. The case remains pending against Defendant Reed subject to Plaintiff showing good cause for the failure to serve Defendant Reed. In addition, the Court grants Plaintiff until September 4, 2015 to file a second amended complaint should Plaintiff choose to do so. (DM, ilcd)
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