Omar v. Harrington et al
| Bashir Omar |
| Richard Harrington, Melissa Phoenix, Robert E Hughes and Jason N Hart |
| 4:2015cv04085 |
| July 15, 2015 |
| US District Court for the Central District of Illinois |
| Rock Island Office |
| Randolph |
| Colin Stirling Bruce |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
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MERIT REVIEW OPINION - Entered by Judge Harold A. Baker on 7/14/2015. (Rule 16 Deadline 9/14/2015. ) Plaintiffs allegations against the WICC Defendants and Director Godinez and Jane Doe/John Doe IDOC defendants only, as identified in Plaintiff' s Complaint pp. 1-8, will proceed in this case and will be set for Merit Review hearing at 9:00 a.m., on August 6, 2015. Plaintiff's allegations as to the Menard defendants, Warden Harrington, Melissa Phoenix, Lt. Hughes, and Officer Hart as id entified in Plaintiff's Complaint pp. 8-14, are severed from the instant case. The Clerk is to open a new case: Omar v. Harrington, Phoenix, Hughes and Hart and file a copy of the current complaint in that case. Plaintiff must, however, file a n Amended Complaint within 30 days, separately realleging his claims against the Menard defendants as its own distinct complaint. If Plaintiff does not file the amended complaint within the time provided, this claim will be dismissed without prejudi ce. If Plaintiff files the Amended Complaint, the case will be transferred to the Southern District of Illinois for a determination as to whether the plaintiff shall be granted leave to proceed in that action in forma pauperis, and for a merit revie w of his claims pursuant to 28 U.S.C. 1915A. If Plaintiff does not wish to proceed against the Menard Defendants he may file a motion to voluntarily dismiss within 30 days and will not incur the filing fee. Plaintiff's allegations against Warde n Randy Pfister, that he was subjected to inhumane conditions of confinement at Pontiac Correctional Center during the summer of 2014, identified in Plaintiff's Complaint pp. 8-14, are severed from the instant case. The Clerk is to open a new C entral District case: Omar v. Pfister and file a copy of the current complaint in that case. Plaintiff must, however, file an Amended Complaint within 30 days, separately realleging his claims against Defendant Pfister as its own distinct complaint. If Plaintiff does not file the amended complaint within the time provided, this claim will be dismissed without prejudice. If Plaintiff files the Amended Complaint, the case will be scheduled for a determination as to whether the plaintiff shall b e granted leave to proceed in that action in forma pauperis, and for a merit review of his claims pursuant to 28 U.S.C. 1915A. If Plaintiff does not wish to proceed with this action against the Defendant Pfister he may file a motion to voluntarily dismiss within 30 days and will not incur the filing fee. (LN, ilcd)
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