Moore v. Rednour et al
| Edward Moore |
| Unknown Party, N. Yousuf, Jack Ashby, Jason Vasquez, Jeannette Cowan, Tracy Gruber-Harrington, Kristi Allsup, One Radiology Company, Sarah Johnson, John Shepherd, Michael Atchison, Barbara Mueller, David Rednour, Gladyse C Taylor and Sherry Benton |
| 3:2012cv01056 |
| October 2, 2012 |
| U.S. District Court for the Southern District of Illinois |
| East St. Louis Office |
| Randolph |
| J. Phil Gilbert |
| Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
31
ORDER DISMISSING CASE : Plaintiff's motion to reconsider (Doc. 27 ) is GRANTED IN PART. Plaintiff's claims against Defendants Shepard and Yousuf shall go forward, but shall remain in the severed case (No. 13-cv-150-JPG) for the administra tive convenience of the Court. All claims remaining in the instant case (No. 12-cv-1056-JPG-PMF against Defendants Ashby and John Does #1 and #2) are DISMISSED without prejudice at Plaintiffs request. No filing fee shall be assessed in this case, and any fee payments which may be received for Case No. 12-cv-1056-JPG-PMF shall instead be credited toward the filing fee for Moore v. Shepard, et al., Case No. 13-cv-150-JPG. The Order at Doc. 19 for payment of the filing fee in this case (No. 12-c v-1056-JPG-PMF) is VACATED. No monies shall be collected from Plaintiff's prison trust fund account for Case No. 12-cv-1056-JPG-PMF. The Clerk is DIRECTED to mail a copy of this Order to the Trust Fund Officer at Menard Correctional Center upon entry of this Order. Signed by Judge J. Phil Gilbert on 2/25/2013. (tjk)
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Filing
21
ORDER REFERRING CASE to Magistrate Judge Philip M. Frazier, Denying 20 and 16 MOTION to Copy, Granting 6 MOTION to Amend/Correct 1 Complaint, Denying 12 , 13 and 8 MOTION to hold case in abeyance, and denying 11 MOTION to Compel. IT IS HEREBY ORDERED that COUNT 4 is dismissed with prejudice. COUNT 5 is dismissed without prejudice to Plaintiff bringing his good conduct credit claim in a properly filed habeas corpus proceeding after first exhausting his state court remedies. Defend ants TAYLOR, REDNOUR, ATCHISON, JOHNSON, BENTON, VASQUEZ, COWAN, HARRINGTON, ALLSUP, MUELLER, and ONE RADIOLOGY company are DISMISSED from the action without prejudice. IT IS FURTHER ORDERED that Plaintiff's deliberate indifference claim (COUNT 3), which is unrelated to the retaliation and excessive force claims (COUNTS 1 and 2), is SEVERED into a new case. That new case shall be: Claim against DEFENDANTS SHEPARD and YOUSUF for deliberate indifference. The Clerk of Court shall prepare for Defendant ASHBY: (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 2/22/2013). Signed by Judge J. Phil Gilbert on 1/15/2013. (tjk)
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Filing
5
ORDER : Plaintiff's complaint (Doc. 1 ) hereby is DISMISSED for failure to comply with Rule 8's mandate of a "short and plain statement of the claim" sufficient to put defendants on notice of the claims against them. Dismissal i s without prejudice, and Plaintiff is GRANTED leave to file a "First Amended Complaint" in compliance with this Order on or before November 26, 2012. IT IS FURTHER ORDERED that if Plaintiff fails to file a First Amended Complaint by Novemb er 26, 2012 in strict compliance with this Order, this case will be closed for failure to comply with an order of this Court. To enable Plaintiff to comply with this order, the Clerk is DIRECTED to mail Plaintiff a blank civil rights complaint form and instructions. (Action due by 11/26/2012). Signed by Judge J. Phil Gilbert on 10/23/2012. (tjk)
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