Morris v. Baldwin et al

Filing 1

MEMORANDUM AND ORDER severing case number 17-852-DRH. Signed by Judge David R. Herndon on 9/26/2017. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
SCOTT PETERS, #M52851, and
BARRY MORRIS, #N42509,
Plaintiffs,
vs.

Case No. 17-cv-0852-DRH

JOHN BALDWIN,
ILLINOIS DEPARTMENT OF
CORRECTIONS,
CHRIS BRADLEY,
JAQUELINE LASHBROOK,
FRANK LAWRENCE,
HOLLY HAWKINS,
GAIL WALLS,
CINDY MEYER, and
R. ROWOLD,
Defendants.

MEMORANDUM AND ORDER
HERNDON, District Judge:
This matter is, once again, before the Court for case management. The
action was originally filed on August 10, 2017 by two individuals, Scott Peters and
Barry Morris, who are in custody at Menard Correctional Center (“Menard”).
(Doc. 1). The Court entered a preliminary Order in this matter on August 24,
2017. (Doc. 7). In it, Plaintiff Morris was ordered to advise the Court in writing,
no later than September 25, 2017, whether he wished to pursue his claims in
group litigation. Id. Lead plaintiff Scott Peters was not required to respond to the
Order.

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Plaintiff Morris filed a timely “Motion to Separate from Scott Peters
Complaint/Class and Motion for Extension of Time to File Separate Complaint”
(Docs. 9, 10). In his Motion, he seeks removal from the present action and leave
to pursue his claims individually in a separate lawsuit. (Doc. 9). He also seeks
leave to file an amended complaint in his separate action and a thirty day time
frame within which to do so. Id.
Disposition
IT IS HEREBY ORDERED that Plaintiff Morris’s Motion to Separate from
Scott Peters Complaint/Class and Motion for Extension of Time to File Separate
Complaint (Docs. 9, 10) is GRANTED. A new action will be opened in his name,
and he will be given 30 days within which to file an amended complaint.
IT IS FURTHER ORDERED that BARRY MORRIS is TERMINATED from
this action. The Clerk is DIRECTED to open a new case for Morris, captioned
BARRY MORRIS, Plaintiff v. JOHN BALDWIN, ILLINOIS DEPARTMENT OF
CORRECTIONS,

CHRIS

BRADLEY,

JAQUELINE

LASHBROOK,

FRANK

LAWRENCE, HOLLY HAWKINS, GAIL WALLS, CINDY MEYER, and R.
ROWOLD, Defendants.

The Clerk is further DIRECTED to file the following

documents in this newly opened case: (1) this Memorandum and Order; (2) the
Complaint (Doc. 1); (3) the preliminary Order (Doc. 7); and (4) Plaintiff Morris’s
Motion for Leave to Proceed In Forma Pauperis (Doc. 4).
The Clerk is DIRECTED to change the caption of this case to: SCOTT
PETERS,

Plaintiff

v.

JOHN

BALDWIN,
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ILLINOIS

DEPARTMENT

OF

CORRECTIONS,

CHRIS

BRADLEY,

JAQUELINE

LASHBROOK,

FRANK

LAWRENCE, HOLLY HAWKINS, GAIL WALLS, CINDY MEYER, and R.
ROWOLD, Defendants. Only Plaintiff Peters will proceed in this action.
Both cases are still subject to preliminary review pursuant to 28 U.S.C. §
1915A. No service shall be ordered in the present case or the severed case until
the § 1915A review is completed.
Plaintiff Morris is GRANTED leave to file a “First Amended Complaint” in
the case opened in his name on or before October 26, 2017. Should he fail to
file his First Amended Complaint within the allotted time or consistent with the
instructions set forth in this Order, the Court will still review the Complaint (Doc.
1) pursuant to 28 U.S.C. § 1915A as it applies to him.
When Plaintiff Morris prepares his First Amended Complaint, it is strongly
recommended that he use the forms designed for use in this District for such
actions. He should label the form, “First Amended Complaint,” and he should
use the case number for the action opened in his name. Only Plaintiff Peters
should use this case number.
The pleading shall present each claim in a separate count, and each count
shall specify, by name, each defendant alleged to be liable under the count, as well
as the actions alleged to have been taken by that defendant.

Plaintiff Morris

should attempt to include the facts of his case in chronological order, inserting
any defendant’s name where necessary to identify the actors.

Plaintiff Morris

should refrain from filing unnecessary exhibits. Plaintiff Morris should include

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only related claims in his new complaint. Claims found to be unrelated to one
another will be severed into new cases, new case numbers will be assigned, and
additional filing fees will be assessed. To enable Plaintiff Morris to comply with
this order, the CLERK is DIRECTED to mail him a blank civil rights complaint
form.
An amended complaint supersedes and replaces the original complaint,
rendering the original complaint void. See Flannery v. Recording Indus. Ass’n of

Am., 354 F.3d 632, 638 n.1 (7th Cir. 2004). The Court will not accept piecemeal
amendments to the original complaint. Thus, the First Amended Complaint must
stand on its own, without reference to any previous pleading, and Plaintiff Morris
must re-file any exhibits he wishes the Court to consider along with the First
Amended Complaint.
Plaintiff Morris is further ADVISED that his obligation to pay the filing fee
was incurred at the time this action was filed, thus the filing fee remains due and
payable, regardless of whether the plaintiff elects to file an amended complaint in
his case. See 28 U.S.C. § 1915(b)(1); Lucien v. Jockisch, 133 F.3d 464, 467 (7th
Cir. 1998). Plaintiffs Peters will be assessed a filing fee in this action. Plaintiff
Morris will be assessed a filing fee in his new case.
Finally, both Plaintiffs are ADVISED that they are under a continuing
obligation to keep the Clerk of Court and each opposing party informed of any
change in their address; the Court will not independently investigate their
whereabouts. This shall be done in writing and not later than 7 days after a

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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.

Digitally signed by
Judge David R. Herndon
Date: 2017.09.26
09:54:55 -05'00'
United States District Judge

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