Bankston v. IDOC et al

Filing 6

IT IS HEREBY ORDERED that, because it is not signed, the complaint (Doc. 1) is DISMISSED without prejudice.IT IS FURTHER ORDERED that on or before January 4, 2016, Plaintiff shall file a signed amended complaint. The entire amended complaint must be filed, as though starting anew. Failure to submit an amended complaint by the prescribed deadline may result in the dismissal of this case with prejudice for failure to comply with a court order, and for failure to prosecute this action. (Amended Pleadings due by 1/4/2016). Signed by Judge Nancy J. Rosenstengel on 12/14/2015. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JOHNNIE BANKSON,
No. R16224,
Plaintiff,
vs.
ILLNOIS DEPT. OF CORRECTIONS,
JOHN R. BALDWIN, and
MICHAEL WILLIAMS,
Defendants.

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Case No. 15-cv-01275-NJR

MEMORANDUM AND ORDER
ROSENSTENGEL, District Judge:
Plaintiff Johnnie Bankston is an inmate currently housed in Pontiac Correctional Center.
Pursuant to 42 U.S.C. § 1983, Plaintiff brings this action for deprivations of his constitutional
rights and the violation of the Religious Land Use and Institutionalized Persons Act
(“RLUIPA”), 42 U.S.C. §§ 2000cc et seq. More specifically, he alleges prison officials did not
allow him to practice his religion (Nations of God & Earth) while housed at Shawnee
Correctional Center, which is located in the Southern District of Illinois.
This case is now before the Court for a preliminary review of the complaint pursuant to
28 U.S.C. § 1915A. The Court is required to dismiss any portion of the complaint that is legally
frivolous, malicious, fails to state a claim upon which relief may be granted, or asks for money
damages from a defendant who by law is immune from such relief. 28 U.S.C. § 1915A(b). The
preliminary review begins and ends with the observation that Plaintiff has not signed the
complaint, as required by Federal Rule of Civil Procedure 11(a).

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A review of the record reveals that Plaintiff signed other documents submitted along with
the complaint, such as a motion for leave to proceed as a pauper and motion for counsel. Thus, it
does not appear that the complaint was electronically filed in error.
Disposition
IT IS HEREBY ORDERED that, because it is not signed, the complaint (Doc. 1) is
DISMISSED without prejudice.
IT IS FURTHER ORDERED that on or before January 4, 2016, Plaintiff shall file a
signed amended complaint. The entire amended complaint must be filed, as though starting
anew. Failure to submit an amended complaint by the prescribed deadline may result in the
dismissal of this case with prejudice for failure to comply with a court order, and for failure to
prosecute this action.
Plaintiff is ADVISED that he is under a continuing obligation to keep the Clerk of Court
and each opposing party informed of any change in his address; the Court will not independently
investigate his whereabouts. This shall be done in writing and not later than 7 days after a
transfer or other change in address occurs. Failure to comply with this order will cause a delay in
the transmission of court documents and may result in dismissal of this action for want of
prosecution. See FED. R. CIV. P. 41(b).
IT IS SO ORDERED.
DATED: December 14, 2015

______________________________
NANCY J. ROSENSTENGEL
United States District Judge

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