Phelps v. Barrett et al
| Randy R Phelps |
| Matt Barrett, Shelly Harding and Colin D Osterbur |
| 2:2018cv02086 |
| March 19, 2018 |
| US District Court for the Central District of Illinois |
| Urbana Office |
| Vermilion |
| Joe Billy McDade |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
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MERIT REVIEW ORDER entered by Judge Joe Billy McDade on 8/21/2018. IT IS ORDERED: 1. This case shall proceed on the deliberate indifference claims against Defendant Harding. Plaintiff's claim that Defendant Barrett transported him without a coa t is DISMISSED, with leave to replead within 30 days. Plaintiff's claims that Defendant Barrett did not act in response to reports of bullying and threats is DISMISSED as an impermissible misjoinder. If Plaintiff wishes to proceed on this claim he must file it as a separate action. Defendants Barrett and Osterberg are DISMISSED, though Plaintiff will have an opportunity, within 30 days, to replead the claims against them. Any claims not identified will not be included in the case, except in the Court's discretion upon motion by a party for good cause shown, or by leave of court pursuant to Federal Rule of Civil Procedure 15. 2. The Clerk is directed to send to each Defendant pursuant to this District's internal procedures: 1) a Notice of Lawsuit and Request for Waiver of Service; 2) a Waiver of Service; 3) a copy of the Complaint; and 4) a copy of this Order. SEE FULL WRITTEN ORDER.(SAG, ilcd)
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