Wiggins v. Baldwin et al

Filing 94

ORDER SEVERING CASE re 89 MOTION for Leave to File Supplemental Petition Complaint, 90 MOTION for Leave to Proceed in forma pauperis, MOTION to Appoint Counsel filed by Malcolm Wiggins, 91 MOTION to Appoint Counsel, 92 MOTION for Tem porary Restraining Order MOTION for Preliminary Injunction filed by Malcolm Wiggins. The Court DIRECTS the Clerk to sever the claims raised in plaintiff's 89 Motion to File Supplemental Petition and the aforementioned documents 90 , 91 and 92 and file them in a new case bearing a new case number. Signed by Judge David R. Herndon on 2/9/2018. (lmp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
MALCOLM WIGGINS,
Plaintiff,
v.
JOHN BALDWIN, JOSEPH YURKOVICH,
ALFONSO DAVID, DR. APOSTLE,
TAMMY PITTAYATHIHAN, JEFFREY
DENNISON, UNKNOWN PARTY,
JOHN DOE, and UNKNOWN
ORANGE CRUSH MEMBER,
Defendants.

HERNDON, District Judge:

Case No. 17-cv-583-DRH-DGW
ORDER

Pending before the Court are Plaintiff Malcolm Wiggins’ Motion for Leave to
File Supplemental Petition (Doc. 89), Motion for Leave to Proceed in Forma
Pauperis (Doc. 90), Motion for Appointment of Counsel (Doc. 91) and Motion for
Temporary Restraining Order (Doc. 92).
The Court has reviewed the Motion for Leave to File Supplemental Petition
and finds it raises unrelated legal claims against new defendants. Despite being
titled as a “supplemental petition,” after a full review of the documents the Court
construes that Wiggins likely intended to file a new cause of action.
Therefore, the Court ORDERS that the claim raised in plaintiff’s Motion to
File Supplemental Petition (Doc. 89) and Docs. 90, 91 and 92, be severed and

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filed in a new case bearing a new case number. George v. Smith, 507 F.3d 605
(7th Cir. 2007); FED. R. CIV. P. 21.
IT IS SO ORDERED.

Judge Herndon
2018.02.09
15:21:14 -06'00'
United States District Judge

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