Barney v. Walker et al
| Aunterrio Barney |
| Roger E Walker, Jr, Jackie Miller, Jeffrey Gabor, . Veal, . Hollenbeck and . Culkin |
| 1:2008cv01255 |
| September 29, 2008 |
| US District Court for the Central District of Illinois |
| Prisoner: Civil Rights Office |
| Livingston |
| Harold A. Baker |
| John A. Gorman |
| Plaintiff |
| Federal Question |
| 42:1983 Prisoner Civil Rights |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
23
ORDER DISMISSING CASE entered by Judge Harold A. Baker on 1/13/2010granting 20 Motion to Dismiss for Lack of Prosecution: IT IS THEREFORE ORDERED that: 1) The defendants' motion to dismiss the complaint is granted pursuant to Federal Rules of Civil Procedure 37(b) and 41(b). [d/e 20] This case is dismissed in its entirety with prejudice. 2) Although the plaintiff's case has been dismissed and he has apparently been released from custody, he is still responsible for full payment of the $350 filing fee. (cc: plaintiff at last known address)(MSB, ilcd)
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Filing
10
ORDER entered by Judge Harold A. Baker on 11/13/08 terminating defendants Roger E Walker, Jr; Jackie Miller and Veal: 1) Pursuant to its merit review of the complaint under 28 U.S.C. Section 1915A, the court finds that the plaintiff states the follow ing federal claims: a) Defendants Hollenbeck and Culkin used excessive force in violation of the Eighth Amendment and Defendant Gabor failed to protect the plaintiff from the attack in violation of the Eighth Amendment. b) Defendants Hollenbeck, Cul kin and Gabor violated the Eighth Amendment they were deliberately indifferent to the plaintiff's serious medical condition.c) Defendants Hollenbeck and Culkin committed the state law offense of assault and battery. The claims are against the d efendants in their individual capacities. 2) All other claims based on federal law, other than those set forth in paragraph (1) above,are dismissed for failure to state a claim pursuant to 28 U.S.C. Section 1915A. The plaintiff has therefore failed to state any claims upon which relief can be granted against Defendants Walker, Miller, and Veal. The clerk of the court is directed to dismiss these defendants pursuant to 28 U.S.C. §1915A.3) This case shall proceed solely on those federal cla ims identified in paragraph one above. Any claims not set forth in paragraph one above shall not be included in the case, except in the court's discretion on motion by a party for good cause shown, or by leave of court pursuant to Federal Rule o f Civil Procedure 15. 4) A Prisoner Scheduling Order shall be entered directing service and setting a Rule 16 conference date.5) A copy of this Case Management Order shall be served with the Complaint and Scheduling Order. 6) The defendants shall fil e an answer within the time prescribed by Local Rule. A motion to dismiss is not an answer. The answer must be considered a responsive pleading under Federal Rule of Civil Procedure 15(a) and should include all defenses appropriate under the Federal Rules. The answer and subsequent pleadings shall be to the issues and claims stated in this Case Management Order. (cc: plaintiff)(MSB, ilcd)
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