Parnell v. Lashbrook et al
Ronnie Parnell |
J Lashbrook, J Baldwin and Wexford Health Sources |
3:2016cv01144 |
October 17, 2016 |
US District Court for the Southern District of Illinois |
East St. Louis Office |
Perry |
Nancy J. Rosenstengel |
Prison Condition |
42 U.S.C. ยง 1983 |
Plaintiff |
Available Case Documents
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Filing 11 MEMORANDUM AND ORDER: ORDER REFERRING CASE to Magistrate Judge Donald G. Wilkerson. IT IS HEREBY ORDERED that COUNT 12 is DISMISSED without prejudice for failure to state a claim. In relation to the dismissal of COUNT 12, WEXFORD, HODGES, and LASHBR OOK are DISMISSED from this action without prejudice. Additionally, LOVE (in his individual capacity) is DISMISSED from this action without prejudice. LOVE shall remain in the action in his official capacity only for the purpose of addressing any inj unctive relief that might be granted with respect to Pinckneyville (COUNTS 5-11) and to facilitate discovery as to any unknown Pinckneyville defendants. IT IS FURTHER ORDERED that the remaining claims in COUNTS 5 through 11 against SCOTT, CHAPMAN, PI ERCE, LANDIS, PEEK, SMITH, DUDEK, LOVE (official capacity only), and JANE DOES 1 through 4, which are unrelated to the claims in COUNTS 1 through 4 against Defendants JOHN DOE 1 and JOHN DOE 2 are severed into a new case against Defendants SCOTT, CHA PMAN, PIERCE, LANDIS, PEEK, SMITH, DUDEK, LOVE (official capacity only), and JANE DOES 1 through 4. IT IS HEREBY ORDERED that COUNT 1 is subject to further review against Defendant JOHN DOE 1.IT IS FURTHER ORDERED that COUNT 2 is subject to further r eview against Defendant JOHN DOE 2. IT IS FURTHER ORDERED that COUNT 3 is subject to further review against Defendant JOHN DOE 2. IT IS FURTHER ORDERED that COUNT 4 is DISMISSED without prejudice for failure to state a claim. FURTHER, the Clerk of th e Court is DIRECTED to ADD NICHOLAS LAMB, in his official capacity as Warden of Lawrence, for the purpose of identifying JOHN DOE 1 and JOHN DOE 2 only. FURTHER, in accord with the disposition of Count 12 as stated above, the Clerk of the Court is DI RECTED to terminate WEXFORD, LASHBROOK, HODGES, and LOVE9 as defendants in this action. FURTHER, in accordance with the order of severance, the Clerk of the Court is DIRECTED to terminate SCOTT, CHAPMAN, PIERCE, LANDIS, PEEK, SMITH, DUDEK, and JANE D OES 1 through 4 as defendants in this action. This case shall now be captioned: RONNIE PARNELL, Plaintiff vs. JOHN DOE 1, JOHN DOE 2, and NICHOLAS LAMB (Warden Lawrence, official capacity only), Defendants. Signed by Judge Nancy J. Rosenstengel on 7/6/2017. (tkm) |
Filing 8 IT IS HEREBY ORDERED that COUNTS 1 and 2 are DISMISSED without prejudice for failure to state a claim upon which relief may be granted as to all defendants. Plaintiff is GRANTED leave to file a First Amended Complaint on or before March 14, 2017. Sho uld Plaintiff fail to file his First Amended Complaint within the allotted time or consistent with the instructions set forth in this Order, the entire case shall be dismissed with prejudice for failure to comply with a court order and/or for failure to prosecute his claims. (Amended Pleadings due by 3/14/2017). Signed by Judge Nancy J. Rosenstengel on 2/14/2017. (tjk) |
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