Chairs v. IDOC et al

Filing 46

ORDER denying 45 Motion to Substitute Party. Plaintiff shall have until May 6, 2020 to serve upon Defendant and file with the Court a notice indicating: (1) the specific date and approximate time of each of the alleged instances of excessive force by the Tactical Team/Orange Crush; (2) the number of individuals involved in each discrete incident; (3) a description, to the extent possible, of each individual involved; and (4) the location where he was housed (i.e. cell and block) when each inci dent occurred. Within 14 days of the date Plaintiff's Notice is filed with the Court, Defendant shall provide Plaintiff with a list of each staff member (including their name and rank) or person who were involved in the shakedowns at the date/ time / location identified by Plaintiff. Within 30 days of receipt of the aforementioned information from Defendant, Plaintiff shall file a First Amended Complaint. Signed by Judge Staci M. Yandle on 4/7/2020. (ksp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
STANLEY CHAIRS,
Plaintiff,
vs.
KIMBERLY BUTLER, et al.,
Defendant.

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Case No. 15-CV-01359-SMY

MEMORANDUM AND ORDER
YANDLE, District Judge:
This matter comes before the Court on Plaintiff’ Motion to Substitute John Doe
Defendants. (Doc. 45). Plaintiff seeks to substitute over 70 individuals for the previously named
Doe Defendants and he seeks to add more Doe defendants. Plaintiff fails to identify how any of
the named individuals, or the newly named Doe Defendants, were involved in the claim he is
making in this case. Accordingly, his motion is DENIED without prejudice.
Plaintiff shall have until May 6, 2020 to serve upon Defendant and file with the Court a
notice indicating: (1) the specific date and approximate time of each of the alleged instances of
excessive force by the Tactical Team/Orange Crush; (2) the number of individuals involved in
each discrete incident; (3) a description, to the extent possible, of each individual involved; and
(4) the location where he was housed (i.e. cell and block) when each incident occurred.
Within 14 days of the date Plaintiff’s Notice is filed with the Court, Defendant shall
provide Plaintiff with a list of each staff member (including their name and rank) or person who
were involved in the shakedowns at the date/ time / location identified by Plaintiff.
Within 30 days of receipt of the aforementioned information from Defendant, Plaintiff
shall file a First Amended Complaint in compliance with Federal Rule of Civil Procedure 8

and Twombly pleading standards. 1 Specifically, Plaintiff shall identify each Defendant in the
case caption by name and set forth sufficient allegations against each Defendant to describe what
each individual did or failed to do to violate his constitutional rights as it pertains to the claim he
has made in this case. Plaintiff should include the relevant facts of his case in chronological
order, inserting each Defendant’s name where necessary to identify the actors and each
Defendant’s actions. The Clerk of Court is DIRECTED to send Plaintiff a courtesy copy of his
Complaint (Doc. 1) and a civil rights compliant form.
Plaintiff’s failure to identify the Doe Defendants and file a First Amended Complaint
within the allotted time or consistent with the instructions set forth in this Order will result in
dismissal of the Doe Defendants without further notice for failure to comply with a court order
and/or for failure to prosecute his claims. Fed. R. Civ. P. 41(b).
IT IS SO ORDERED.
DATED: April 7, 2020
s/ Staci M. Yandle_____
STACI M. YANDLE
United States District Judge

1

Under Rule 8, a Complaint must include a short, plain statement of the case against each individual. Further,
Plaintiff must plead “enough facts to state a claim that is plausible on its face.” Bell Atlantic Corp. v. Twombly, 550
U.S. 544, 570 (2007).

2