Taylor v. Wright et al
| Michael Taylor |
| Jack D Durham, . Locke, . Carothers, . Detheridge, . Shea, . Turnquest, James M Carothers, . Freddrickson and Joshua G Hasten |
| 1:2007cv01098 |
| April 17, 2007 |
| US District Court for the Central District of Illinois |
| Peoria Office |
| Knox |
| Harold A. Baker |
| John A. Gorman |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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Filing
66
ORDER entered by Judge Harold A. Baker on 10/5/09: 1) The plaintiff's motion for reconsideration of his motion for appointment of counsel is denied. [d/e 62]2) The defendants have filed a supplemental motion for summary judgment. [d/e 61]. The c ourt will allow the plaintiff 21 days to file an additional response to this motion; until 10/26/09. Therefore, the plaintiff must file any further response on or before October 26, 2009. 3) The pretrial conference scheduled for October 23, 2009 is therefore canceled pending consideration of the motion for summary judgement. (cc: plaintiff)(MSB, ilcd)
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Filing
48
CASE MANAGEMENT ORDER entered by Judge Harold A. Baker on 9/22/08. IT IS THEREFORE ORDERED that: 1) The plaintiff's third motion to amend his complaint is granted. [d/e 37] The clerk of the court is directed to file the attached complaint. 2) T he plaintiff's third motion to amend his complaint supercedes his previous motions. Therefore, the court will deny the plaintiff's second motion to amend his complaint [d/e 27], his motion to join parties based on his second complaint [d/e 35] and his motion to reinstate defendants dismissed in the court's first merit review. [d/e 36] 3) Pursuant to its merit review of the third amended complaint under 28 U.S.C. Section1915A, the court finds that the plaintiff states the following federal claims:a) On October 4, 2006, Defendant Fredrickson used excessive force against theplaintiff and was deliberately indifferent to a serious medical condition.b) On October 4, 2006, Defendant Turnquest used excessive force against the plainti ff and was deliberately indifferent to a serious medical condition.c) On March 20, 2007, Defendants Locke, Dunham, Carothers, Deathridge and Sheaused excessive force against the plaintiff and were deliberately indifferent to a serious medical conditi on. d) On March 22, 2007, Defendant Hasten used excessive force against the plaintiff and was deliberately indifferent to a serious medical condition. e) Defendant Wright failed to train correctional officers resulting in the continued use of excess ive force against the plaintiff. 4) All other claims based on federal law, other than those set forth in paragraph (3) above, are dismissed for failure to state a claim pursuant to 28 U.S.C. Section 1915A. 5) This case shall proceed solely on those federal claims identified in paragraph (3) above. Any claims not set forth in paragraph (3) above shall not be included in the case, except inthe court's discretion on motion by a party for good cause shown, or by leave of court pursuant to Fe deral Rule of Civil Procedure 15. 6) The clerk of the court is directed to send a Notice of Lawsuit and Waiver of Service to Defendant Wright. Defendant Wright must provide an answer to the claims outlined in this order. 7) The pending motion for s ummary judgement is denied with leave to renew. [d/e 41]. The plaintiff's motion for additional time to file a response is denied as moot. [d/e 44] 8) On its own motion, the court will extend the discovery period until January 30, 2009. Any additional discovery is limited to the additional claim against Defendant Wright. In addition, the parties must file any motions for summary judgment on or before February 20, 2009. (cc: Plaintiff) (KB, ilcd)
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