Lacey v. Franklin County Sheriffs Department et al
| Brian C Lacey |
| Officer Sue, Franklin County Sheriffs Department, Franklin County Jail and Chet Shaffer |
| 3:2011cv00069 |
| January 25, 2011 |
| US District Court for the Southern District of Illinois |
| East St. Louis Office |
| Franklin |
| G. Patrick Murphy |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
11
ORDER REFERRING CASE to Magistrate Judge Donald G. Wilkerson, Donald G. Wilkerson added. Franklin County IL terminated with prejudice. IT IS FURTHER ORDERED that COUNT TWO fails to state a claim upon which relief may be granted. The claims in PART A and PART B of Count Two are DISMISSED with prejudice. The claim in PART C of Count Two is DISMISSED without prejudice. IT IS FURTHER ORDERED that, should Plaintiff wish to proceed on his claim for denial of follow-up medical care in PART C of COUNT TWO, Plaintiff shall file his Second Amended Complaint, outlining the basis of his claim and naming the individual Defendants directly responsible for the alleged deprivations of his constitutional rights, within 35 days of the entry of this order (o n or before November 18, 2011). If Plaintiff does not file a Second Amended Complaint, this case shall proceed against Defendants Shaffer, Sue, and Tracy on Count One alone. Plaintiff is ADVISED that the Second Amended Complaint shall contain ONLY t he claims designated in this Order as Count One, against Defendants Shaffer, Sue, and Tracy, and Count Two, Part C, and shall name ONLY those Defendants directly and personally responsible for the allegedly unconstitutional acts. Should the Second Am ended Complaint not conform to these requirements, it shall be stricken and the entire case may be dismissed. Failure to timely file a Second Amended Complaint shall result in the dismissal of Count Two, Part C, becoming a dismissal with prejudice. A s to the claims in COUNT ONE, the Clerk of Court SHALL PREPARE for DEFENDANTS SHAFFER, SUE, and TRACY (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 11/18/2011). Signed by Judge G. Patrick Murphy on 10/14/2011. (tjk)
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