Moore v. Shepard et al

Filing 8

ORDER : Plaintiff is ADVISED that in the future, any documents to be filed in his case, now captioned as Edward Moore v. John Shepard, et al., Case No. 13-cv-150-JPG, must include the proper case number. Signed by Judge J. Phil Gilbert on 2/25/2013. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
EDWARD MOORE, # A-70777,
Plaintiff,
vs.
LT. ASHBY
and JOHN DOE #1 AND #2,
Defendants.

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Case No. 12-cv-1056-JPG-PMF

MEMORANDUM AND ORDER
GILBERT, District Judge:
This matter is before the Court on Plaintiff’s timely motion to reconsider in part the
Memorandum and Order of January 15, 2013 (Doc. 27), which severed Plaintiff’s deliberate
indifference claims against Defendants Shepard and Yousuf (designated as Count 3) into a
separate action (Doc. 21). Plaintiff was given until February 22, 2013, to inform the Court if he
did not wish to pursue the severed case, now docketed as Moore v. Shepard, et al., Case No. 13cv-150-JPG. The motion to reconsider states that Plaintiff does not wish to incur an additional
filing fee. However, rather than dismiss the severed claims against Defendants Shepard and
Yousuf, he asks to abandon his claims against Defendant Ashby in the instant case (Count 1 for
excessive force, and Count 2 for retaliation), and proceed only on Count 3 against Defendants
Shepard and Yousuf. The Court understands Plaintiff’s motion to mean that by abandoning his
claims against Defendant Ashby, Plaintiff also wishes to drop the same claims (Counts 1 and 2)
against the John Does #1 and #2 (Menard Correctional Officers) he named in the operative
complaint. Plaintiff further requests that his claims against Defendants Shepard and Yousuf
proceed in the original case rather than in the severed case.
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In addition, Plaintiff requests another 30 days in which to amend his complaint in the
instant case to include only Defendants Shepard and Yousuf and John Does 1, 2, and 3 (Doc. 27,
p. 3). On February 19, 2013, the Clerk of Court received a new complaint from Plaintiff against
Defendants Shepard, Yousuf, and John Does 1, 2, and 3, which was filed under Case No. 13-cv167-MJR as a new action. Plaintiff did not include any case number on this pleading. Upon
further review, it became apparent that this document was intended by Plaintiff to be his
amended complaint against these Defendants. Therefore, no extension of time is necessary, and
the new pleading shall be filed as Plaintiff’s First Amended Complaint against Defendants
Shepard, Yousuf, and John Does 1, 2, and 3.
Accordingly, the motion to reconsider (Doc. 27) is GRANTED IN PART. Plaintiff’s
claims against Defendants Shepard and Yousuf shall go forward, but shall remain in the severed
case (No. 13-cv-150-JPG) for the administrative convenience of the Court. All claims remaining
in the instant case (No. 12-cv-1056-JPG-PMF against Defendants Ashby and John Does #1 and
#2) are DISMISSED without prejudice at Plaintiff’s request. See FED. R. CIV. P. 41(a)(1)(A)(i).
No filing fee shall be assessed in this case, and any fee payments which may be
received for Case No. 12-cv-1056-JPG-PMF shall instead be credited toward the filing fee for
Moore v. Shepard, et al., Case No. 13-cv-150-JPG. The Order at Doc. 19 for payment of the
filing fee in this case (No. 12-cv-1056-JPG-PMF) is VACATED. No monies shall be collected
from Plaintiff’s prison trust fund account for Case No. 12-cv-1056-JPG-PMF.
Plaintiff’s request for an extension of 30 days in which to amend his complaint is
DENIED AS MOOT.
Plaintiff is ADVISED that in the future, any documents to be filed in his case, now
captioned as Edward Moore v. John Shepard, et al., Case No. 13-cv-150-JPG, must include the

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proper case number.
The Clerk is DIRECTED to mail a copy of this Order to the Trust Fund Officer at
Menard Correctional Center upon entry of this Order.
The Clerk is DIRECTED to CLOSE THIS CASE.
The Clerk is further DIRECTED to docket a copy of this order in Moore v. Shepard, et
al., Case No. 13-cv-150-JPG.

IT IS SO ORDERED.
DATED: February 25, 2013

s/J. Phil Gilbert
United States District Judge

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