Miller et al v. Samson et al

Filing 14

WRITTEN Opinion entered by the Honorable Elaine E. Bucklo on 7/10/2013:The plaintiff's motion to reconsider original complaint [# 7 -1] is denied, and the amended complaint [# 10 ] isdismissed, without prejudice. The plaintiff's motion for attorney representation [# 7 -2] is granted. The courtrequests that J. Timothy Eaton / Shefsky & Froelich, Ltd / 111 East Wacker Drive, Suite 2800 / Chicago, Illinois60601 / [phone] represent the plaintiff in accordance with counsel's tr ial bar obligations under the DistrictCourt's Local Rule 83.37 (N.D. Ill.). Counsel is directed to file a second amended complaint within 60 days ifthe amended pleading comports with counsel's obligations under Rule 11 of the Federal Rules of Civil Procedure. The plaintiff's motions to return original exhibits [# 9 ] and to receive confirmation of correspondences with thecourt [# 13 ] are denied as moot.Mailed notice(ao,)

Order Form (01/2005)

United States District Court, Northern District of Illinois
Name of Assigned Judge
or Magistrate Judge

ELAINE E. BUCKLO

CASE NUMBER

13 C 2830

CASE
TITLE

Sitting Judge if Other
than Assigned Judge

DATE

July 10, 2013

Eric John Miller (#2007-0004277) vs. Sergeant Samson, et al.

DOCKET ENTRY TEXT:

The plaintiff’s motion to reconsider original complaint [#7-1] is denied, and the amended complaint [#10] is
dismissed, without prejudice. The plaintiff’s motion for attorney representation [#7-2] is granted. The court
requests that J. Timothy Eaton / Shefsky & Froelich, Ltd / 111 East Wacker Drive, Suite 2800 / Chicago, Illinois
60601 / [phone] represent the plaintiff in accordance with counsel’s trial bar obligations under the District
Court’s Local Rule 83.37 (N.D. Ill.). Counsel is directed to file a second amended complaint within 60 days if
the amended pleading comports with counsel’s obligations under Rule 11 of the Federal Rules of Civil Procedure.
The plaintiff’s motions to return original exhibits [#9] and to receive confirmation of correspondences with the
court [#13] are denied as moot.
O [For further details see text below.]

Docketing to mail notices.

STATEMENT
The plaintiff, an inmate in the custody of the Cook County Department of Corrections, has brought this
pro se civil rights action pursuant to 42 U.S.C. § 1983. The plaintiff claims that jail officials violated his
constitutional rights by subjecting him to inhumane conditions of confinement (placing him in a sewage-flooded
cell with inadequate cleaning supplies, denying him use of bathroom facilities during the night shift, etc.). The
plaintiff additionally contends that prison health care providers have acted with deliberate indifference to his
serious medical needs by failing to provide appropriate care and treatment for painful issues afflicting his urinary
tract.
By Minute Order of April 24, 2013, the court granted the plaintiff’s motion for leave to proceed in forma
pauperis but directed him to submit an amended complaint limited to a single, core claim. The plaintiff’s
responses reflect a lack of understanding as to the judicial process; furthermore, the plaintiff’s frequent transfers
from county jail to county jail may affect his ability to litigate this matter. Accordingly, the plaintiff’s motion
for attorney representation is granted.
The court hereby requests that J. Timothy Eaton / Shefsky & Froelich, Ltd / 111 East Wacker Drive, Suite
2800 / Chicago, Illinois 60601 / [phone] represent the plaintiff in accordance with counsel’s trial bar
CONTINUED)
mjm

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STATEMENT (continued)
obligations under the District Court’s Local Rule 83.37 (N.D. Ill.). After investigation, counsel should file a second
amended complaint within sixty days if such amendment comports with counsel’s obligations under Rule 11 of the
Federal Rules of Civil Procedure. If counsel is unable to file a second amended complaint, he should so inform
the court.

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