Beasley et al v. Gallaway et al

Filing 18

MERIT REVIEW OPINION entered by Judge Sue E. Myerscough on 04/07/2016. SEE WRITTEN OPINION. (1) Plaintiff Beasley's Complaint is dismissed for impermissibly joining unrelated claims, and attempting as a non-attorney to represent a class. Pl aintiff shall have 30 days from the entry of this order in which to file an amended complaint. Failure to file an amended complaint will result in the dismissal of this case, without prejudice, for failure to state a claim. Plaintiff's amen ded complaint will replace Plaintiff's original complaint in its entirety. Accordingly, the amended complaint must contain all allegations against all Defendants. Piecemeal amendments are not accepted. (2) The claims of Michael Myers and He nry Johnson are severed. The Clerk is to open two new cases: Myers v. Vermilion County, and Johnson v. Vermilion County, and reassign the cases. (3) Plaintiffs Myers and Johnson are each to file an Amended Complaint in their individual, newly opened case, within 30 days. (DM, ilcd)

E-FILED

Thursday, 07 April, 2016 12:18:31 PM
Clerk, U.S. District Court, ILCD

UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS
ALVIN BEASLEY, MICHAEL
MYERS, and HENRY JOHNSON,
Plaintiffs,
v.
COOKIE GALLAWAY, et al.,
Defendants.

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15-CV-2252-SEM

MERIT REVIEW OPINION
Plaintiffs Alvin Beasley, Michael Myers, and Henry Johnson,
who identified themselves as “class members”, proceed pro se under
§ 1983, alleging deliberate indifference to their serious medical
needs at the Vermilion County Jail.  The case is before the Court for
a merit review pursuant to 28 U.S.C. § 1915A.
In reviewing the Complaint, the Court accepts the factual
allegations as true, liberally construing them in Plaintiff's favor.
Turley v. Rednour, 729 F.3d 645, 649 (7th Cir. 2103). However,
conclusory statements and labels are insufficient. Enough facts
must be provided to "'state a claim for relief that is plausible on its

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face.'" Alexander v. U.S., 721 F.3d 418, 422 (7th Cir. 2013)(quoted
cite omitted).
ANALYSIS
Plaintiffs have identified themselves as “class members”, but
as non-lawyers, they may only represent themselves, and may not
represent a class, or each other. Lewis v. Lenc-Smith Mfg. Co., 784
F.2d 829, 830 (7th Cir. 1986)(per curiam). Furthermore, Plaintiffs
seek to impermissibly join unrelated claims. They have alleged
deliberate indifference at the Vermilion County Jail to their
individual medical conditions, occurring at different times, and
naming two different defendants. See George v. Smith, 507 F.3d
605, 607 (7th Cir. 2007), “[u]nrelated claims against different
defendants belong in different suits.” In addition, Plaintiff Johnson
has filed a Motion to Sever his case from that of the others. [ECF
16].
The Seventh Circuit has held that severance is appropriate
under Federal Rule of Civil Procedure 21, as long as the resulting
claims are “discrete and separate.” Rice v. Sunrise Express, 209
F.3d 1008, 1016 (7th Cir. 2000). Accordingly, the Court will
proceed on the claim filed by Alvin Beasley. The claims by Michael
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Myers and Henry Johnson will be severed. The Clerk is to open two
new cases: Myers v. Vermilion County, and Johnson v. Vermilion
County, and the cases are to be reassigned in the normal course.
Plaintiffs Myers and Johnson are to file an Amended Complaint
within 30 days, with each realleging his claims in its own distinct
complaint. The Amended Complaints will be scheduled for a merit
review pursuant to 28 U.S.C. §1915A.
Plaintiff Beasley is likewise given 30 days in which to file an
Amended Complaint, asserting his own individual claims in this
case, Beasley v. Gallaway, No. 15-2252 (C.D. Ill. Oct. 26, 2016). All
pending motions are VACATED.

IT IS THEREFORE ORDERED:
1)

Plaintiff Beasley’s Complaint is dismissed for

impermissibly joining unrelated claims, and attempting as a
non-attorney to represent a class. Plaintiff shall have 30 days
from the entry of this order in which to file an amended
complaint. Failure to file an amended complaint will result in
the dismissal of this case, without prejudice, for failure to state
a claim. Plaintiff's amended complaint will replace Plaintiff's
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original complaint in its entirety. Accordingly, the amended
complaint must contain all allegations against all Defendants.
Piecemeal amendments are not accepted.
2)

The claims of Michael Myers and Henry Johnson are

severed. The Clerk is to open two new cases: Myers v.
Vermilion County, and Johnson v. Vermilion County, and
reassign the cases.
3) Plaintiffs Myers and Johnson are each to file an
Amended Complaint in their individual, newly opened case,
within 30 days.
ENTERED: April 7, 2016

s/Sue E. Myerscough
SUE E. MYERSCOUGH
UNITED STATES DISTRICT JUDGE

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