Johnson v. Lappin et al

Filing 82

CLERK'S JUDGMENT (NJR/bkl) Rasheed Johnson's Eighth Amendment and retaliation claims (see Order for specific claims) are dismissed with prejudice for failure to prosecute; Rasheed Johnson's Eighth Amendment and retaliation claims (see Order for specific claims) are dismissed without prejudice for failure to exhaust administrative remedies. Signed by Judge J. Phil Gilbert on 6/28/11. (bkl)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
RASHEED JOHNSON,
Plaintiff,
v.

Case No. 08-cv-730-JPG

HARLEY G. LAPPIN, C/O PETTY, M. GELIOS, D.
BANING, SARA REVELL and CAPTAIN HARMON.,
Defendants.
JUDGMENT
This matter having come before the Court, the issues having been heard, and the Court having
rendered a decision,
IT IS HEREBY ORDERED AND ADJUDGED that plaintiff Rasheed Johnson’s Eighth
Amendment and retaliation claims regarding
"
the denial of clothing exchange and visitation while in the dry cell;
"
the denial of telephone and visitation privileges in the special housing unit (“SHU”);
"
retaliatory placement in a dry cell; and
"
retaliatory placement in the SHU
are dismissed with prejudice for failure to prosecute; and
IT IS FURTHER ORDERED AND ADJUDGED that plaintiff Rasheed Johnson’s Eighth
Amendment and retaliation claims regarding
"
all other conditions of confinement in the dry cell (the denial of bedding, personal hygiene
items and mail, and that the cell was frigid and unsanitary);
"
the “Officer’s [sic] in the SHU” tampering with plaintiff’s legal mail while plaintiff was in
the SHU;
"
defendant Petty’s removing clothing, hygiene products and commissary items from
plaintiff; and
"
defendant Baning’s refusing to replace clothing or provide adequate cold weather apparel
are dismissed without prejudice for failure to exhaust administrative remedies.
DATED: June 28, 2011

NANCY J. ROSENSTENGEL, Clerk of Court
By: s/Brenda K. Lowe, Deputy Clerk

Approved:

s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE