Heninger v. Rains et al

Filing 20

ORDER re 15 MOTION to Dismiss filed by Daniel Heninger, ( Action due by 9/28/2018.). Signed by Magistrate Judge Donald G. Wilkerson on 9/7/2018. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
)
)
)
Plaintiff,
)
)
v.
)
DAVID RAINS, MICHELLE NEECE, and)
)
JOHN BALDWIN,
)
)
Defendants.
DANIEL HENINGER,

Case No. 3:18-cv-594-NJR-DGW

ORDER TO SHOW CAUSE
WILKERSON, Magistrate Judge:
Now pending before the Court is the Motion to Dismiss filed by Plaintiff, Daniel Heninger,
on April 6, 2018 (Doc. 15).
On March 22, 2018, Plaintiff filed a civil rights complaint, using a form, in which he
alleged that he is being denied access to services and programs on account of his disability, which
includes hearing loss.

He sought an emergency injunction to compel the prison to provide a

working set of hearing aids. No motion for injunctive relief was filed, however. Along with his
complaint, Plaintiff filed a motion for recruitment of counsel (Doc. 3). That motion was denied
on April 3, 2018 because Plaintiff appeared, from his pleadings, to be able to litigate this matter.
In the pending motion, Plaintiff makes contradictory statements. He states that he had no
intent to file a federal lawsuit and merely wanted to “report A.D.A. claims.” He then goes on to
state that he cannot litigate this lawsuit because he lacks education, is deaf, and has poor eyesight.
Therefore, he has “no means or mental capacity to access your court.” It is unclear whether
Plaintiff seeks to dismiss this lawsuit because he didn’t mean to file it or whether he seeks
reconsideration of the order denying recruitment of counsel. Clarification is required.

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Therefore, Plaintiff is ORDERED TO SHOW CAUSE and inform the Court whether (1)
he intends to dismiss this lawsuit; or (2) he is seeking reconsideration of this Court’s Order
denying recruitment of counsel. Plaintiff is WARNED that if he indicates that he wants to
dismiss this lawsuit, it may be dismissed with prejudice. In addition, he will still be required to
pay the filing fee that was imposed on March 27, 2018 and that it will be deducted from his prison
trust fund account. Plaintiff shall file a written response to this Order by September 28, 2018.
Failure to do so may also result in dismissal of this lawsuit.
DATED: September 7, 2018

DONALD G. WILKERSON
United States Magistrate Judge

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