Hollins v. Godinez et al

Filing 22

ORDER re 20 Response to Order to Show Cause filed by Cijae Hollins: Action due by 11/6/2015. Signed by Magistrate Judge Donald G. Wilkerson on 10/26/15. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
)
)
)
Plaintiff,
)
)
v.
)
DU QUOIN IMPACT INCARCERATION)
PROGRAM
SUPERINTENDENT
and)
)
UNKNOWN PARTY 4,
)
)
Defendants.
CIJAE HOLLINS,

Case No. 3:14-cv-1306-NJR-DGW

ORDER
WILKERSON, Magistrate Judge:
On April 9, 2015, this Court issued an Order directing the following:
1. Plaintiff shall provide Defendant Henton, and file with the Court, identifying
information for the Unknown Party 4 (i.e. badge number, shift, time and date of
alleged incident/encounter, physical descriptions, etc.) by April 23, 3015.
2. Defendant Henton shall provide Plaintiff, and submit a notice to the Court, the
names Unknown Party 4 by May 7, 2015.
3. Plaintiff shall file a motion to amend the complaint along with a proposed
amended complaint, naming the identified Unknown Party 4, by May 28, 2015.
Plaintiff failed to comply with the order. He did not provide a description of the unknown party
and failed to file a motion to amend the complaint by the May 28, 2015 deadline.
On July 2, 2015, this Court Ordered Plaintiff to Show Cause why this matter should not be
dismissed for want of prosecution (Doc. 19). In response, Plaintiff acknowledged receipt of the
July 2, 2015 Order and states that the unknown officer is named in an internal affairs complaint
form which is retained by the prison. Plaintiff further states that he does not know the name or
badge number of the unknown party. Plaintiff does not, however, state why he failed to comply
with the April 9, 2015 Order and still has not provided a physical description of the unknown
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party.
Plaintiff is hereby given one final opportunity to provide descriptive information as to the
unknown party.
IT IS THEREFORE ORDERED that Plaintiff SHALL file with the Court a description
if Unknown Party 4 that includes the time that he interacted with the officer and a physical
description of the officer (race, age, height, weight, etc.). Plaintiff shall file this information by
November 6, 2015. If Plaintiff does not know this information, he shall so indicate in his filing.
Defendant is further ORDERED to use the information contained in Document 20 and the
information that Plaintiff will file on November 6, 2015 to identify the unknown party, if possible.
Defendant shall file a notice with the Court indicating the unknown party’s name, or that he cannot
be identified based on the information provided by Plaintiff by November 13, 2015.
Plaintiff is again WARNED that the failure to comply with this Order SHALL result
in a report and recommendation that this matter be dismissed for the failure to prosecute.
IT IS SO ORDERED.
DATED: October 26, 2015

DONALD G. WILKERSON
United States Magistrate Judge

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