Tidwell v. Asselmeier et al

Filing 117

MEMORANDUM AND ORDER, The Court DIRECTS Magistrate Judge Williams to allow Tidwell to file a first-amended complaint, a response to the pending motion for summary judgment, and/or any other documents that Tidwell has been unable to file in this case as a consequence of the ban. Signed by Judge J. Phil Gilbert on 12/18/2017. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CLEO TIDWELL,
Plaintiff,
v.

Case No. 3:16-cv-00041-JPG-SCW

DR. ASSELMEIER, et. al,
Defendants.
MEMORANDUM & ORDER
J. PHIL GILBERT, DISTRICT JUDGE
This matter comes before the Court on plaintiff Cleo Tidwell’s objections (See Docs.
101, 105, 114, 115) to several of Magistrate Judge Stephen C. Williams’s orders regarding
Tidwell’s filing ban. In August 2017, Judge Staci M. Yandle sanctioned Tidwell with a $500 fine
and a filing ban because of abusive, frivolous, and excessive filings before the Court. Tidwell v.
Clendenin et. al, No. 16−cv–0384−SMY (S.D. Il. Apr. 6, 2016), ECF No. 43. The sanctions
order states that Tidwell must pay the fine “before any other civil litigation will be filed” and
directs the Clerk of Court to “return all civil pleadings” until the sanction is paid. The instant
case, however, predates Judge Yandle’s filing ban by over one year—Tidwell filed the case on
April 6, 2016. Accordingly, the Court finds that Judge Yandle’s filing ban against Tidwell does
not apply to this case. The Court DIRECTS Magistrate Judge Williams to allow Tidwell to file a
first-amended complaint, a response to the pending motion for summary judgment, and/or any
other documents that Tidwell has been unable to file in this case as a consequence of the ban.
IT IS SO ORDERED.
DATED: DECEMBER 18, 2017
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE