Cook v. Kerr et al

Filing 60

MEMORANDUM AND ORDER, the Court DISMISSES all claims in this case against Grounds in his official capacity without prejudice and DIRECTS the Clerk of Court to enter judgment accordingly at the close of this case Signed by Judge J. Phil Gilbert on 4/11/2016. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DWAYNE COOK,
Plaintiff,
v.

Case No. 15-cv-70-JPG-SCW

SUSAN KERR, RANDY GROUNDS, DEE DEE
BROOKHART, RODERICK MATTICKS, DR.
WILLIAMS and LOUIS SHICKER,
Defendants.
MEMORANDUM AND ORDER
This matter comes before the Court on the Court’s March 5, 2016, order to show cause
(Doc. 55) why the Court should not dismiss defendant Randy Grounds from this case in his official
capacity in light of the fact that he can no longer provide injunctive relief, the only reason he was
kept in this case. Grounds, the warden of Robinson Correctional Center, was allowed to remain
in this case in his official capacity for the sole purpose of performing injunctive relief if ordered by
the Court (Doc. 16). However, plaintiff Dwayne Cook is no longer housed at Robinson, so
Grounds can no longer provide injunctive relief for him. In the order to show cause, the Court
gave Cook an opportunity to give a good reason to keep Grounds in the case, but Cook did not
respond to the order. Accordingly, as it warned it would do, the Court DISMISSES all claims in
this case against Grounds in his official capacity without prejudice and DIRECTS the Clerk of
Court to enter judgment accordingly at the close of this case. Grounds is terminated as a party to
this case.
IT IS SO ORDERED.
DATED: April 11, 2016
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE