Durr v. Larson et al
Reginald Durr |
David Larson and Gary Gerst |
3:2017cv00554 |
May 26, 2017 |
US District Court for the Southern District of Illinois |
East St. Louis Office |
XX US, Outside State |
J. Phil Gilbert |
Prison Condition |
42 U.S.C. ยง 1983 |
Plaintiff |
Available Case Documents
The following documents for this case are available for you to view or download:
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Filing 73 ORDER: Plaintiff's Motion for Leave to Appeal in forma pauperis (Doc. 69 ) is DENIED. Further, in light of Plaintiff's filing a Notice of Appeal, Plaintiff's motions for extension of time (Docs. 59 , 69 ) and Motion to Amend Magistrate Decision (Doc. 57 ) are TERMINATED as MOOT. Signed by Judge Staci M. Yandle on 11/4/2019. (mah) |
Filing 56 ORDER ADOPTING REPORT AND RECOMMENDATIONS (Doc. 52 ): Defendant's Motion for Summary Judgment on the Issue of Exhaustion (Doc. 40 ) is GRANTED. Plaintiff's Motion for Recruitment of Counsel (Doc. 53 ) is TERMINATED as MOOT. The Clerk of Court is DIRECTED to close this case. Signed by Judge Staci M. Yandle on 5/17/2019. (mah) |
Filing 17 ORDER REFERRING CASE to Magistrate Judge Reona J. Daly. Signed by Judge Staci M. Yandle on 10/20/2017. (tjk) |
Filing 9 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Complaint is DISMISSED without prejudice for failure to state a claim upon which relief may be granted. This includes dismissal of the Illinois medical negligence claim and Eighth Amendment delibera te indifference to medical needs claim against Defendants David Larson and Gary Gerst. IT IS FURTHER ORDERED that Plaintiff is GRANTED leave to file a First Amended Complaint in this case on or before August 17, 2017. Should Plaintiff fail to file hi s First Amended Complaint within the allotted time, dismissal of this action will become with prejudice. FED. R. CIV. P. 41(b). See generally Ladien v. Astrachan, 128 F.3d 1051 (7th Cir. 1997); Johnson v. Kamminga, 34 F.3d 466 (7th Cir. 1994). Furthe r, a strike will be assessed. See 28 U.S.C. § 1915(g). To enable Plaintiff to comply with this Order, the Clerk is DIRECTED to mail Plaintiff a blank civil rights complaint form. Claims found to be unrelated will be further severed into new case s, new case numbers will be assigned, and additional filing fees will be assessed. Plaintiff is ADVISED that this dismissal shall not count as one of his allotted strikes under the provisions of 28 U.S.C. § 1915(g). ( Amended Pleadings due by 8/17/2017.). Signed by Judge J. Phil Gilbert on 7/19/2017. (tkm) |
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