Middendorf v. McLaurn et al
| Dustin Middendorf |
| Phillip McLaurn, St. Clair County Medical Staff, Sgt. Nichols, R. Smith and Straub |
| 3:2017cv00538 |
| May 22, 2017 |
| US District Court for the Southern District of Illinois |
| East St. Louis Office |
| St. Clair |
| J. Phil Gilbert |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
16
ORDER DISMISSING CASE with prejudice, based on Plaintiff's failure to comply with this Court's Order to file an amended complaint on or before September 22, 2017. The dismissal counts as one of Plaintiff's three allotted strikes within the meaning of § 1915(g). Signed by Judge J. Phil Gilbert on 10/4/2017. (tjk)
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Filing
13
IT IS ORDERED that COUNTS 2 and 4, which are unrelated to all other claims in this case, are SEVERED into a new case against Defendants OFFICER SMITH and OFFICER STRAUB, which shall be captioned: DUSTIN MIDDENDORF, Plaintiff v. R. SMITH and STRAUB, Defendants. IT IS ORDERED that COUNT 3, which is also unrelated to all other claims in this case, is SEVERED into a new case against Defendant SERGEANT NICHOLS, which shall be captioned: DUSTIN MIDDENDORF, Plaintiff v. SGT. NICHOLS, Defendant. IT IS ALSO ORDERED that COUNT 5, which is unrelated to all other claims in this case, is SEVERED into a new case against Defendant PHILLIP McLAURN, which shall be captioned: DUSTIN MIDDENDORF, Plaintiff v. PHILLIP McLAURN, Defendant. Plaintiff is GRANT ED leave to file a First Amended Complaint in this case on or before September 22, 2017. Should Plaintiff fail to file his First Amended Complaint within the allotted time or consistent with the instructions set forth in this Order, the action shall be dismissed with prejudice. (Amended Pleadings due by 9/22/2017). Signed by Judge J. Phil Gilbert on 8/25/2017. (tjk)
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Filing
4
ORDER: Plaintiff has filed a Motion for Leave to Proceed In Forma Pauperis ("IFP") in this case (see Doc. 2 ), but has failed to provide the necessary prisoner trust fund account information as required by the PLRA to determine whether the inmate is entitled to proceed without prepaying fees and costs. Pursuant to 28 U.S.C. Section 1915(b)(1), the Court must review the prisoner trust fund account statement for the 6 month period immediately preceding the filing of this action. IT IS THEREFORE ORDERED that Plaintiff shall provide the Clerk of Court with the attached certification completed by the Trust Fund Officer at the facility and a copy of his/her trust fund account statement (or institutional equivalent) for the period 11/ 1/2017 to 5/22/2017 no later than 45 days from the date of this order. Failure to do so will result in dismissal of this action for failure to comply with an Order of this Court. Fed. R. Civ. P. 41(b). See generally Ladien v. Astrachan, 128 F.3d 1 051 (7th Cir. 1997); Johnson v. Kamminga, 34 F.3d 466 (7th Cir. 1994). The Clerk is DIRECTED to mail a copy of this Order and the certification form to the Trust Fund Officer at St. Clair County Jail. (Trust Fund Statement due on or before 7/17/2017). Signed by Judge J. Phil Gilbert on 5/31/2017. (jaj)
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