Strickland v. Godinez et al

Filing 71

ORDER GRANTING IN PART AND DENYING IN PART 65 MOTION to Clarify filed by Erik C Strickland; DENYING 54 MOTION to Appoint Counsel filed by Erik C Strickland; GRANTING IN PART 56 MOTION to Copy filed by Erik C Strickland; DENYING WITHOUT PREJUDICE 55 MOTION for Leave to File filed by Erik C Strickland, GRANTING 57 MOTION to Withdraw Affirmative Defense; and, STRIKING Order 59 . Signed by Magistrate Judge Donald G. Wilkerson on 8/20/15. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ERIK C. STRICKLAND,
Plaintiff,
v.
S A GODINEZ, et al.,
Defendants.

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Case No. 3:14-cv-962-NJR-DGW

ORDER
WILKERSON, Magistrate Judge:
Now pending before the Court is the Motion for Miscellaneous Relief and/or for
Clarification filed by Plaintiff on June 8, 2015 (Doc. 65).

Plaintiff has indicated that he has not

received various documents filed in this matter. In particular he states that he received a docket
text disposing of various motions but did not receive the actual written order associated with the
docket entry (Doc. 59). The Court notes that, through a docketing error, Document 59 does not
contain the Order that is referenced in the docket text; rather it contains another copy of the Report
and Recommendation issued on the same day, April 20, 2015 (Doc. 58). The Clerk of Court is
accordingly DIRECTED to STRIKE Document 59.
It is further ORDERED that the Motion for Recruitment of Counsel is DENIED (Doc. 54)
for the reasons set forth in this Court’s previous Order (Doc. 19). At the hearing on the Motion
for Preliminary Injunction, Plaintiff did appear unsure as to what procedures govern this matter
and how to proceed in this matter. However, subsequent filings by the Plaintiff reveal that he is
capable of following the Court’s direction and seeking relief. Accordingly, counsel will not be
recruited in this matter.
The Motion for Leave to File Amended Complaint is DENIED WITHOUT
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PREJUDICE (Doc. 55). Plaintiff seeks to add to his Complaint a corrected affidavit, the reverse
side of page 2 of Exhibit A, pages 15, 28, 33, and 41 of Exhibit A, and Exhibits E and H. These
documents have been noted, by the Clerk of Court, to be missing from the Complaint (except for
the reverse of page 2 to Exhibit A). Plaintiff has not provided the documents for the Court’s
review. Plaintiff shall provide the documents as an attachment to any future Motion to Amend.
The Motion to Direct the Clerk is GRANTED IN PART (Doc. 56). Plaintiff states that
he has not received various docket entries including entries 7, 21, 31, 40, 48, 49, and 50.
Documents 7 and 21 are Plaintiff’s trust fund account statements to which he should have access
and could request a copy from prison authorities and Document 31 is a stricken docket entry.
These entries will not be copied for Plaintiff. As a one-time courtesy, however, the Clerk of Court
is DIRECTED to copy and send to Plaintiff documents 40, 48, 49, and 50 along with this Order.
Plaintiff also has filed a Motion for Miscellaneous Relief (Doc. 65) which also states that he did
not receive the Order associated with Document 59 (addressed above).

The Motion for

Miscellaneous Relief is accordingly GRANTED IN PART in that certain documents shall be sent
to Plaintiff, but is DENIED IN PART as to any additional relief that Plaintiff may be seeking.
Finally, the Motion to Withdraw Affirmative Defense is GRANTED (Doc. 57). The
affirmative defense of failure to exhaust asserted by Defendants Godinez, Bates, Hodge, Gaetz,
Keim, Duncan, Tredway, Vaugh, Harper and Loy is deemed WITHDRAWN.
IT IS SO ORDERED.
DATED: August 20, 2015

DONALD G. WILKERSON
United States Magistrate Judge
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