Jackson v. Baldwin et al
| James Jackson |
| C. Dillabough, John Baldwin, James Martens, John Varga, D. Thompson, Justin Wilks and Troy Hendrix |
| 3:2019cv50055 |
| March 1, 2019 |
| US District Court for the Northern District of Illinois |
| Lisa A Jensen |
| Iain D Johnston |
| Philip G Reinhard |
| Civil Rights (Prison Condition) |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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Filing 9
ORDER : The court is in receipt of plaintiff's motion for extension of time to file an amended in forma pauperis application #8 . The court has previously granted plaintiff's request to proceed IFP #6 . However, in its order, the court gave plaintiff time to file an amended complaint. Id. Therefore, the court accepts plaintiff's motion #8 as a motion for an extension of time to file an amended complaint. Plaintiff's motion is granted. Plaintiff has until May 24, 2019, to file an amended complaint consistent with its March 25, 2019 order. Signed by the Honorable Philip G. Reinhard on 4/24/2019. Mailed notice (jp, )
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| Filing 8 MOTION by Plaintiff James Jackson for extension of time (pg, ) |
| Filing 7 EXECUTIVE COMMITTEE ORDER: It appearing that Lisa A. Jensen has been appointed as a United States Magistrate Judge for the Northern District of Illinois, Western Division; and It further appearing that Internal Operating Procedure 17(a) provides for the creation of an initial calendar for a newly-appointed magistrate judge by equalization; therefore IT IS HEREBY ORDERED That the attached list of civil consent cases, civil referrals, miscellaneous cases, and criminal case referrals are hereby reassigned to form the initial calendar of the Honorable Lisa A. Jensen. Case referred to the Honorable Lisa Jensen. Signed by Executive Committee on 4/12/2019.(sm, ) |
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Filing 6
ORDER signed by the Honorable Philip G. Reinhard on 3/25/2019: Plaintiff's application for leave to proceed in forma pauperis #3 is denied because it contains no financial information for plaintiff. However, plaintiff's affidavit #4 contains both a certification from an authorized prison official and a trust fund statement covering the six-month period prior to filing suit, as required under the PLRA. Accordingly, the court construes the affidavit #4 as a motion to proceed in forma pauperis and it is granted. The court orders the trust fund officer at plaintiff's place of incarceration to immediately deduct $10.56 from plaintiff's account for payment to the Clerk of Court as an initial partial payment of the filing fee and to continue making monthly deductions in accordance with this order. The court directs the Clerk of Court to send a copy of this order to the supervisor of the inmate trust fund accounts at the facility having custody of plaintiff. While the court grants plaintiff's motion to proceed in forma pauperis, plaintiff is cautioned that if he brings any suit in the future and seeks leave to proceed in forma pauperis he must submit a properly completed and certified application to proceed in forma pauperis and if he fails to do so he may be subject to sanction up to and including denial of IFP status or dismissal of his suit. Summons, however, shall not issue. Plaintiff's complaint #1 is dismissed without prejudice for failure to state a claim. If plaintiff wants to proceed with this lawsuit, he must submit an amended complaint that states a federal claim against proper defendants. Failure to submit an amended complaint by April 25, 2019, will result in dismissal of this lawsuit for failure to state a claim. The Clerk of Court is directed to send plaintiff an amended complaint form, a blank USM-285 form, and instructions along with a copy of this order. [see STATEMENT] Mailed notice (kms)
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| MAILED Copy of Order #6 , an amended complaint form, a blank USM-285 form, and instructions to James Jackson. (kms) |
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Filing 5
ORDER signed by the Honorable Philip G. Reinhard on 3/1/2019: This case was filed by two different plaintiffs, Marshall Hampton and James Jackson. Plaintiff Hampton's claim is for deliberate indifference to a serious medical condition based on events that occurred at Dixon Correctional Center on June 26, 2018. ( #1 , p. 4.) Plaintiff Jackson's claim is in regard to ongoing allegations of inadequate mental health care during June and July of 2018, resulting in at least one suicide attempt and placement in an outside hospital. (Id. at p. 5.) The court finds that the claims are legally misjoined. Because the claims are based on separate nexuses of fact, not even permissive joinder would render the complaint proper under FED. R. CIV. P. 20(a). Boriboune v. Berge, 391 F.3d 852, 855-856 (7th Cir. 2004). The Seventh Circuit strongly encourages district courts to use severance when faced with an omnibus or scattershot complaint, Owens v. Evans, 878 F.3d 559, 561 (7th Cir. 2017), and discourages courts from allowing prisoners "to flout the rules for joining claims and defendants, see FED. R. CIV. P. 18, 20, or to circumvent the Prison Litigation Reform Act's fee requirements by combining multiple lawsuits into a single complaint." Owens v. Godinez, 860 F.3d 434, 436 (7th Cir. 2017). In a misjoinder situation, severance may occur before preliminary review, allowing the district court to create multiple suits, which can then be separately screened. Wheeler v. Wexford Health Sources, Inc., 689 F.3d 680, 683 (7th Cir. 2012). Thus, the Clerk of Court is directed to sever the plaintiffs' claims and open a new case for plaintiff Jackson, assigning that case a new case number and entering the complaint and plaintiff Jacksons affidavit on the docket in the new case. Once the new case has been opened, the court will proceed with initial review of the complaint(s) in both cases and rule on the pending motions to proceed in forma pauperis. Mailed notice (kms)
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| Filing 4 AFFIDAVIT of James Jackson (pg, ) |
| Filing 3 APPLICATION by Plaintiff James Jackson for leave to proceed in forma pauperis (pg, ) |
| Filing 2 PRISONER CIVIL Cover Sheet (pg, ) |
| Filing 1 RECEIVED Complaint and 8 copies by James Jackson (pg, ) |
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