Thompson v. Lemke et al
| Stanton J Thompson |
| Michael Lemke, Michael P Randle, Patrick Quinn and Guy D Pierce |
| 1:2010cv01173 |
| June 4, 2010 |
| US District Court for the Central District of Illinois |
| Peoria Office |
| Livingston |
| Harold A. Baker |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
5
MERIT REVIEW ORDER entered by Judge Harold A. Baker on 6/15/10: 1) Pursuant to its merit review of the complaint under 28 U.S.C. Section 1915A, the court finds that the plaintiff states the following federal claims: Defendants Lemke, Randle, and Pier ce violated the plaintiff's Eighth Amendment rights when he was provided water that was unfit to drink which resulted in health problems. 2) All other claims based on federal law, other than those set forth in paragraph one above, are dismissed for failure to state a claim pursuant to 28 U.S.C. Section 1915A. The clerk is directed to dismiss Defendant Governor Patrick Quinn for failure to state a claim upon which relief could be granted. 28 U.S.C. Section 1915A 3) This case shall proceed solely on those federal claims 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 cour t pursuant to Federal Rule of 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 file 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. Defendant Patrick Quinn terminated. (cc: plaintiff)(MSB, ilcd)
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