Dodson v. Menard Correctional Center et al

Filing 3

ORDER DISMISSING CASE: No filing fee is to be assessed for this action. Further, the CLERK is DIRECTED to file the complaint (Doc. 1 in this action) as the First Amended Complaint in Dodson v. Menard Correctional Center, et al., No. 14-cv-109-JPG. Signed by Judge J. Phil Gilbert on 4/2/2014. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DENNIS D. DODSON, # M36253,
Plaintiff,
vs.
MENARD CORRECTIONAL CTR.,
C/O BARFIELD, and C/O BENEFIELD,
Defendants.

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Case No. 14-cv-393-JPG

MEMORANDUM AND ORDER
GILBERT, District Judge:
This case was opened on March 28, 2014, when Plaintiff filed a civil rights complaint
(Doc. 1) pursuant to 42 U.S.C. § 1983. Upon review of the complaint (Doc. 1 in this action), it is
clear that Plaintiff intended to file the instant pleading as an amended complaint in Dodson v.
Menard Correctional Center, et al., No. 14-cv-109-JPG (S.D. Ill. filed January 31, 2014) (“prior
action”), another action that is pending before this Court.

This Court dismissed the original

complaint that was filed in the prior action on February 28, 2014. However, the dismissal was
without prejudice, and Plaintiff was granted leave to file an amended complaint stating any facts
to support his § 1983 claim by April 3, 2014 (Doc. 7) (prior action). Plaintiff filed this complaint
(Doc. 1 in this action) prior to that deadline. In substance, it is clearly related to the original
complaint filed in the prior action; therefore, the instant case is duplicative of the prior action.
Accordingly, the CLERK is DIRECTED to CLOSE this case. No filing fee is to be
assessed for this action (Case No. 14-cv-393-JPG). Further, the CLERK is DIRECTED to file

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the complaint (Doc. 1 in this action) as the First Amended Complaint in Dodson v. Menard
Correctional Center, et al., No. 14-cv-109-JPG (S.D. Ill. filed January 31, 2014).
IT IS SO ORDERED.
DATED: April 2, 2014
s/J. Phil Gilbert
U.S. District Judge

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