McElroy v. Unknown Party

Filing 16

ORDER GRANTING 15 Motion to Stay. See order for details. Signed by Magistrate Judge Donald G. Wilkerson on 1/22/15. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JEREMIAH MCELROY,
Plaintiff,
v.
UNKNOWN PARTY and WARDEN
ZACHARY ROECKEMAN,
Defendants.

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Case No. 3:14-cv-1020-NJR-DGW

ORDER
WILKERSON, Magistrate Judge:
Now pending before the Court is the Motion to Stay the Responsive Pleading Deadline
filed by Defendant Zachary Roeckeman, the Warden of Big Muddy River Correctional Center, on
December 18, 2014 (Doc. 15).
Defendant Roeckeman asks that the Court stay his responsive pleading deadline in this
case as it is impractical for him to provide an answer to Plaintiff’s Amended Complaint.
Defendant Roeckeman asserts that Plaintiff’s Amended Complaint contains no allegations against
him, as he was added as a party for the sole purpose of assisting with the identification of the John
Doe defendants. The Court agrees and, accordingly, GRANTS Defendant’s Motion to Stay the
Responsive Pleading Deadline (Doc. 22).
However, in order to ensure that this case continues to move forward, the Court enters the
following deadlines with respect to naming and identifying the unknown defendants:
1. Plaintiff shall provide Defendant Roeckeman, and file with the Court, identifying
information for the John Doe defendants (i.e. badge number, shift, time and date of
alleged incident/encounter, physical descriptions, etc.) by February 20, 2015.
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2. Defendant Roeckeman shall provide Plaintiff, and submit a notice to the Court, the
names of any identifiable John Doe defendants by March 20, 2015.
3.

Plaintiff shall file a motion to amend the complaint along with a proposed amended
complaint, naming any identified John Doe defendants, by April 17, 2015.

IT IS SO ORDERED.
DATED: January 22, 2015

DONALD G. WILKERSON
United States Magistrate Judge

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