Williams v. Withoft et al
| Claxton H Williams, Jr |
| Jerry Withoft, Sgt Heiman, Anthony Lockhead, Guard Hood, Major Durham and Major Westerman |
| 3:2012cv00989 |
| September 12, 2012 |
| U.S. District Court for the Southern District of Illinois |
| East St. Louis Office |
| Randolph |
| Michael J. Reagan |
| Stephen C. Williams |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
12
ORDER REFERRING CASE to Magistrate Judge Stephen C. Williams. The Clerk is DIRECTED to correct Plaintiff's name to CLAXTON H. WILLIAMS, JR. COUNTS 5 and 6 are DISMISSED with prejudice. COUNT 9 is DISMISSED without prejudice. DEFENDANTS COWANS, REDNOUR, MILLER, FAHEEM, and POLLION are DISMISSED with prejudice. DEFENDANTS ANDERSON and MALLEY are DISMISSED without prejudice. Plaintiffs deliberate indifference claim against DEFENDANT SHEPHERD, (COUNT 7), and the failure to protect/excessive f orce claims against SGT. EVILIZER (COUNT 8), which are unrelated to the claims arising from the March 22, 2011, guard assault, are SEVERED into two new cases. Those new cases shall be: (CASE 1) Claims in Count 7 above, against J. SHEPHERD, DR. DENNIS LARSON, LOUIS SHICKER, and WEXFORD HEALTH SOURCES, INC., for deliberate indifference to medical needs following Plaintiffs March 2012 stroke, and (CASE 2) Claims in Count 8 above, against SGT. EVILIZER for failure to protect and excessive force on A ugust 5, 2012. PLAINTIFF IS ADVISED that if, for any reason, he does not wish to proceed with either of the newly-opened cases, he must notify the Court in writing within 14 days (on or before October 19, 2012). These new cases SHALL BE ASSIGNED to t he undersigned District Judge for further proceedings. In each new case, the Clerk is DIRECTED to file the following documents: (1) This Memorandum and Order (2) The Original Complaint (Doc. 1) (3) Plaintiffs motion to proceed in forma pauperis (Doc. 2). The Clerk is DIRECTED to TRANSFER the TRO motion at Doc. 11 into the newly opened CASE 1 (claims in Count 7) for further consideration, and to terminate the TRO motion in this case. IT IS FURTHER ORDERED that the only claims remaining in this ac tion are COUNTS 1, 2, 3, and 4. Defendant SHEPHERD is TERMINATED from this action with prejudice. The Clerk of Court shall prepare for Defendants WITHOFT, HEIMAN, LOCKHEAD, HOOD, DURHAM, and WESTERMAN: (1) Form 5 (Notice of a Lawsuit and Request to W aive Service of a Summons), and (2) Form 6 (Waiver of Service of Summons). Stephen C. Williams and J Shepherd added. Magid Faheem, Nikki Malley, Jackie Miller, R Pollion, David Rednour, Terri Anderson and Rebecca Cowans terminated. Signed by Judge Michael J. Reagan on 10/5/2012. (beb)
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