White v. Ryker et al
Charles White |
Darnold, Baker, Warden Ryker, Warden Hodge, Phil Martin, Dr Fenoglio, Stephns, Hovey, Homan, Cummons, Cusick, Clvey, Gobblers, Soyer, Higgins, Kaiser, Sellers and Shears |
3:2012cv00075 |
January 24, 2012 |
US District Court for the Southern District of Illinois |
East St. Louis Office |
Lawrence |
G. Patrick Murphy |
Civil Rights |
42 U.S.C. ยง 1983 |
None |
Available Case Documents
The following documents for this case are available for you to view or download:
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Filing 125 MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS in its entirety 124 , the Court dismisses this case for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b), and DIRECTS the Clerk of Court to enter judgment accordingly. Signed by Judge J. Phil Gilbert on 9/13/2013. (jdh) |
Filing 116 MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS 113 ; granting 99 MOTION to Dismiss for Failure to State a Claim filed by Phil Martin and dismissing Martin from this case. Signed by Judge J. Phil Gilbert on 7/8/2013. (dka, ) |
Filing 40 MEMORANDUM AND ORDER ADOPTING REPORT AND RECOMMENDATIONS 35 ; denying 8 Motion for Preliminary Injunction; denying 9 Motion for Preliminary Injunction; denying 11 Motion to Amend/Correct; denying 19 Motion for Leave to Amend Complaint. The Court grants plaintiff leave for 30 days from the date of this order to file an amended complaint pursuant to the instructions contained in the R & R. Signed by Judge J. Phil Gilbert on 11/19/2012. (dka, ) |
Filing 12 ORDER REFERRING CASE to Magistrate Judge Philip M. Frazier, Plaintiff's motions for injunctive relief (Docs. 8, 9, and 11) are hereby REFERRED to United States Magistrate Judge Philip M. Frazier for an evidentiary hearing and issuance of a repor t and recommendation. The period for filing any objections to Judge Frazier's report and recommendation shall not exceed 7 days from the date of the report. COUNTS 1, 2, and COUNT 3-A survive threshold review and shall receive further consider ation. COUNT 5 shall be severed into a new action. IT IS HEREBY ORDERED that COUNTS 4, 6, and 7 fail to state a claim upon which relief may be granted and are DISMISSED with prejudice. Defendants HODGE, MARTIN, HOVEY, HOMAN, CUMMINS, CUSICK, CLVEY, GOBBLERS, SOYER, HIGGINS, SELLERS, SHEARS, KAISER, DARNOLD, and BAKER are DISMISSED from this action without prejudice. IT IS FURTHER ORDERED that, should Plaintiff wish to proceed on his claims against the unidentified Defendants in COUNT 3-B, Plai ntiff shall file his First Amended Complaint, stating any facts which may exist to support a deliberate indifference to medical needs claim and naming those individual Defendants directly responsible for the alleged unconstitutional acts in Count 3-B , within 35 days of the entry of this order. IT IS HEREBY ORDERED that Plaintiffs mail disruption claims (COUNT 5), which are unrelated to the feeding tube claims, are SEVERED into a new case. That new case shall be: Claims against UNKNOWN DEFENDAN T PRISON STAFF for mail disruption. The new case SHALL BE ASSIGNED to the undersigned District Judge for further proceedings. In the new case, the Clerk is DIRECTED to file the following documents:(1)This Memorandum and Order (2)The Original Compla int (Doc. 1) (3)Plaintiffs motion to proceed in forma pauperis (Doc. 4). IT IS FURTHER ORDERED that the Clerk of Court shall prepare for Defendants FENOGLIO and RYKER (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 9/17/2012). Signed by Judge J. Phil Gilbert on 8/13/2012. (tjk) |
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