McWilliams v. Baldwin et al
Filing
11
MERIT REVIEW OPINION - Entered by Judge Sara Darrow on 6/16/2017. Plaintiff's supplemental motion for leave to proceed in forma pauperis 10 remains pending until the Court determines whether plaintiff's amended complaint states a claim fo r relief. A court must dismiss cases proceeding in forma pauperis "at any time" if the action is frivolous, malicious, or fails to state a claim, even if part of the filing fee has been paid. 28 U.S.C. § 1915(d)(2). Plaintiff' ;s complaint is hereby dismissed with leave to plead over. The plaintiff may file an amended complaint, within thirty (30) days of this order that complies with the Court's instructions above. If the plaintiff fails to file an amended complaint or follow the court's specific instructions, as outlined in this order, his case may be dismissed. The clerk is directed to provide the plaintiff with a blank complaint form to assist him. (LN, ilcd)
E-FILED
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
RAHIM MCWILLIAMS,
Plaintiff,
v.
JOHN BALDWIN, et al.,
Defendants.
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Friday, 16 June, 2017 03:04:30 PM
Clerk, U.S. District Court, ILCD
17-CV-1096
MERIT REVIEW AND CASE MANAGEMENT ORDER
The case is before the court for a merit review of plaintiff’s claims. The court is
required by 28 U.S.C. § 1915A to “screen” the plaintiff’s complaint, and through such
process to identify and dismiss any legally insufficient claim, or the entire action if
warranted. A claim is legally insufficient if it “(1) is frivolous, malicious, or fails to state
a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant
who is immune from such relief.” 28 U.S.C. § 1915A.
In reviewing the complaint, the court accepts the factual allegations as true,
liberally construing them in the plaintiff's favor. Turley v. Rednour, 729 F.3d 645, 649 (7th
Cir. 2013). However, conclusory statements and labels are insufficient. Enough facts
must be provided to “state a claim for relief that is plausible on its face.” Alexander v.
U.S., 721 F.3d 418, 422 (7th Cir. 2013)(citation omitted). The court has reviewed the
complaint and has also held a merit review hearing in order to give the plaintiff a
chance to personally explain his claims to the court.
Plaintiff filed this lawsuit while incarcerated at the Pontiac Correctional Center
(“Pontiac”) and was granted leave to proceed in forma pauperis. His complaints appear
to arise from his incarceration at Western Illinois Correctional Center, Stateville
Correctional Center and Pontiac. Plaintiff sues approximately 50 prison officials
employed at the three facilities and does not make any specific allegations against any
of them in the body of his complaint. His complaint alleges generally that he was
sexually abused/assaulted by staff and inmates, retaliated against for filing grievances,
and that he is disabled under the Americans with Disabilities Act.
Plaintiff may be able to state a constitutional claim, but he needs to make specific
allegations against each of the defendants in order for the Court to determine whether
these claims should proceed together or separately in different lawsuits. George v.
Smith, 507 F.3d 605, 607 (7th Cir. 2007)(“Unrelated claims against different defendants
belong in different suits.”).
Plaintiff’s complaint is dismissed with leave to replead. Plaintiff’s amended
complaint must be a short and plain statement of the claim and must identify the
individual defendants and specifically state what each defendant did or did not do to
violate plaintiff’s constitutional rights. Fed. R. Civ. P. 8.
IT IS THEREFORE ORDERED:
1.
Plaintiff’s supplemental motion for leave to proceed in forma pauperis [10]
remains pending until the Court determines whether plaintiff’s amended complaint
states a claim for relief. A court must dismiss cases proceeding in forma pauperis “at any
time” if the action is frivolous, malicious, or fails to state a claim, even if part of the
filing fee has been paid. 28 U.S.C. § 1915(d)(2).
2.
Plaintiff=s complaint is hereby dismissed with leave to plead over. The
plaintiff may file an amended complaint, within thirty (30) days of this order that
complies with the Court’s instructions above. If the plaintiff fails to file an amended
complaint or follow the court=s specific instructions, as outlined in this order, his case
may be dismissed.
3.
The clerk is directed to provide the plaintiff with a blank complaint form
to assist him.
ENTERED this 16th day of June, 2017
/s/ Harold A. Baker
____________________________________
HAROLD A. BAKER
UNITED STATES DISTRICT JUDGE
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