Dickerson v. MEND Correctional Care et al
| Michael Eugene Dickerson |
| MEND Correctional Care and Michelle S. |
| 4:2018cv04037 |
| February 23, 2018 |
| US District Court for the Central District of Illinois |
| Rock Island Office |
| Rock Island |
| Joe Billy McDade |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
20
MERIT REVIEW--AMENDED COMPLAINT entered by Judge Joe Billy McDade on 12/20/2018. IT IS THEREFORE ORDERED: 1) Plaintiff's amended complaint is dismissed for failure to state a claim pursuant toFed. R. Civ. P. 12(b)(6) and 28 U.S.C. § 1915A. Plaintiff shall have 21 days from the entry ofthis order in which to file an amended pleading. The pleading is to be captioned Second Amended Complaint and is to replace Plaintiff's original complaint in its entirety, without reference to the fo rmer. Failure to file a second amended complaint will result in the dismissal of this case, without prejudice, for failure to state a claim. Defendant MEND is to be terminated as a party, as it was dismissed in the Court's June 29, 2018 merit re view order. 2) Plaintiff has filed 19 , identifying a change of address, requesting a hearing on his amended complaint and requesting a discovery packet. 19 is GRANTED to the extent that Plaintiff is informed that the Clerk has updated the docket to reflect his updated address. He is also informed that if his amended complaint survives merit review Defendant will be given an opportunity to file an answer to the complaint, after which the Court will enter a scheduling order providing the particulars for discovery. To the extent that 19 requests a hearing, it is rendered MOOT by this merit review order. SEE FULL WRITTEN ORDER.(SAG, ilcd)
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Filing
12
MERIT REVIEW ORDER entered by Judge Joe Billy McDade on 6/29/2018. IT IS THEREFORE ORDERED: 1) Plaintiff's complaint is dismissed for failure to state a claim pursuant to Fed. R. Civ. P. 12(b)(6) and 28 U.S.C. § 1915A. Plaintiff shall have 30 days from the entry of this order in which to file an amended pleading. The pleading is to be captioned Amended Complaint and is to replace Plaintiff's original complaint in its entirety, without reference to the former. Failure to file an a mended complaint will result in the dismissal of this case, without prejudice, for failure to state a claim. 2) Plaintiff has filed 5 , a motion for recruitment of pro bono counsel. The Court does not possess the authority to require an attorney to accept pro bono appointments on civil cases such as this and can only request that counsel volunteer to act without payment. Pruitt v. Mote, 503 F.3d 647, 653 (7th Cir. 2007); Jackson v. County of McLean, 953 F.2d 1070, 1071 (7th Cir. 1992). Before d oing so, the Court requires that Plaintiff document a good faith effort to obtain counsel on his own. Here, Plaintiff does not assert that he attempted to obtain representation. 5 is DENIED, see Pruitt, 503 F.3d 654-55. In the event that Plaintiff renews his motion, he is to provide copies of the letters sent to, and received from, prospective counsel. Plaintiff's motions for status 8 , 9 and 11 are rendered MOOT. SEE FULL WRITTEN ORDER.(SAG, ilcd)
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