Henson v. Kennon et al
| James R Henson |
| Jeremy Kennon, Joni Fisher, Patricia Kelley and Bruce Williams |
| 3:2010cv00795 |
| October 13, 2010 |
| US District Court for the Southern District of Illinois |
| East St. Louis Office |
| Randolph |
| J. Phil Gilbert |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
32
CLERK'S JUDGMENT (NJR/dka) dismissing case with prejudice for failure to prosecute.Approved by Judge J. Phil Gilbert on 6/15/2012. (dka, )
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Filing
28
ORDER ADOPTING REPORT AND RECOMMENDATIONS 27 re 1 Complaint filed by James R Henson. Count II of complaint dismissed with prejudice. Clerk of Court to enter judgment accordingly at close of case. Signed by Judge J. Phil Gilbert on 9/29/2011. (dka, )
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Filing
14
ORDER REFERRING CASE to Magistrate Judge Philip M. Frazier, Philip M. Frazier added. Patricia Kelley terminated with prejudice. IT IS HEREBY ORDERED that COUNTS 3 and 4 fail to state a claim upon which relief may be granted, and thus are DISMISSED. The dismissal of Count 3 shall be without prejudice. The dismissal of Count 4 shall be with prejudice. IT IS FURTHER ORDERED that service of the original complaint (Doc. 1) on the remaining Defendants shall proceed without delay, as the claim desi gnated herein as Count 1 is sufficient under § 1915A. However, Plaintiff must amend the portion of his complaint designated as Count 2, in order to adequately state a claim on which he may be entitled to relief. Therefore, IT IS FURTHER ORDERE D that Plaintiff shall file his First Amended Complaint, including Count 1 and correcting the deficiencies in Count 2 outlined above, within 35 days of the entry of this order (on or before June 24, 2011). Failure to file an amended complaint, or fa ilure to credibly allege any detriment to Plaintiffs ability to prosecute a meritorious legal claim, shall result in dismissal of the claim in Count 2 pursuant to Federal Rule of Civil Procedure 41(b). Should Plaintiff fail to file an amended compla int, Count 1 will still proceed, but Count 2 will be dismissed. IT IS FURTHER ORDERED that the Clerk of Court shall prepare for Defendants KENNON, FISHER and WILLIAMS (1) Form 5 (Notice of a Lawsuit and Request to Waive Service of a Summons), and (2) Form 6 (Waiver of Service of Summons). (Action due by 6/24/2011). Signed by Judge J. Phil Gilbert on 5/18/2011. (tjk)
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