Oden et al v. True et al

Filing 72

IT IS HEREBY ORDERED that plaintiffs DARYL HAMPTON, JOSEPH STOTERAU, DANIEL HAMMER, ROY PARRY, MICHAEL SNYDER, SCOTT SULLIVAN, CHRISTOPHER HARRIS, JONATHAN VIDLAK, PERNELL JONES, CHRISTOPHER BAILY, JACK GRUBB, JERALD SIMS, CONNER WEBB, TERRELL CLEGGE TT, DARRELL STEWART, BRENT BAILY, JACOB HOBART, ISAAC JOHNSON, REGINALD THURMOND, JASON DUNLAP, and TED DURAN are TERMINATED as plaintiffs in this action. Their claims are DISMISSED without prejudice pursuant to this Courts Order at Doc. 5. This dismissal shall not count as a strike under 28 U.S.C. § 1915(g), and these plaintiffs are not obligated to pay the filing fee for this action. Signed by Chief Judge Michael J. Reagan on 5/24/2018. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CHRISTOPHER W. ODEN,
DARYL HAMPTON,
JASON NIELSON,
RANDALL PETERSON,
TIMOTHY LOGHRY, SR.,
JOSEPH STOTERAU,
CHRISTIAN IGLESIAS,
JASON SMITH,
EARNEST HALL,
CRAIG ARMSTRONG,
BRAD MONKMAN,
BENJAMIN WINTERS,
JEFFERY BROTHERS,
OLLIE BROWN,
DANIEL HAMMER,
ROY PARRY,
GREGORY ROBINSON,
SHANE ELDER,
RANDALL CAUSEY,
DAVID HARPER,
MICHAEL SNYDER,
SCOTT SULLIVAN,
CHRISTOPHER HARRIS,
JONATHAN VIDLAK,
DAVID HOFFARTH,
PERNELL JONES,
CHRISTOPHER BAILY,
MATTHEW SISNEROS,
JACK GRUBB,
JERALD SIMS,
CONNER WEBB,
TERRELL CLEGGETT,
MARTIN VAN DEURZEN,
JAMES SAY,
CORY CUNNINGHAM,
DARRELL STEWART,
BRENT BAILY,
JACOB HOBART,
ISAAC JOHNSON,
REGINALD THURMOND,
JASON DUNLAP,
JOHN PELTZ,
TED DURAN,

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Case No. 18-cv-600-MJR

ADAM TURNER, and
MARTIN JONASSEN
Plaintiffs,
vs.
WILLIAM B. TRUE,
DONALD S. BOYCE,
JEFF SESSIONS, and
MARK INCH,
Defendants.

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MEMORANDUM AND ORDER
REAGAN, Chief District Judge:
This matter is, once again, before the Court for case management. The action was
originally filed on March 23, 2018 by multiple individuals incarcerated at the United States
Penitentiary in Marion, Illinois (“Marion”). (Doc. 1). The Court entered a preliminary order in
this matter on March 29, 2018. (Doc. 5). In it, each plaintiff, aside from the lead plaintiff
Christopher Oden, was ordered to submit to the Court a signed complaint along with a motion to
proceed in forma pauperis (“IFP”) or the filing fee for this case, no later than April 30, 2018, in
order to proceed as a plaintiff in this case. Id. The deadline has now passed. Twenty-one
plaintiffs did not submit signed complaints and twenty-two plaintiffs submitted signed
complaints and IFP motions. A single plaintiff, Brad Monkman, submitted an IFP motion, but
instead of submitting a signed complaint, he submitted a signed Memorandum in Support (Doc.
61) presumably by mistake.
Plaintiffs Jason Nielson, Randall Peterson, Timothy Loghry, Sr., Christian Iglesias,
Jason Smith, Earnest Hall, Craig Armstrong, Benjamin Winters, Jeffery Brothers, Ollie
Brown, Gregory Robinson, Shane Elder, Randall Causey, David Harper, David Hoffarth,

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Matthew Sisneros, Martin Van Deurzen, James Say, Cory Cunningham, John Peltz, Adam
Turner, and Martin Jonassen submitted signed complaints and IFP motions and will therefore
remain in this action for the time being.
Plaintiffs Daryl Hampton, Joseph Stoterau, Daniel Hammer, Roy Parry, Michael
Snyder, Scott Sullivan, Christopher Harris, Jonathan Vidlak, Pernell Jones, Christopher
Baily, Jack Grubb, Jerald Sims, Conner Webb, Terrell Cleggett, Darrell Stewart, Brent
Baily, Jacob Hobart, Isaac Johnson, Reginald Thurmond, Jason Dunlap, and Ted Duran
did not submit a signed complaint. They will therefore be dismissed from this action without
prejudice and without the imposition of a filing fee, pursuant to this Court’s Order at Doc. 5.
As mentioned previously, it appears that Plaintiff Brad Monkman mistakenly submitted
a signed memorandum in support instead of a signed complaint, while otherwise complying with
this Court’s Order. (Docs. 5, 61). The Court will therefore give Plaintiff Monkman another
chance to submit a signed complaint before dismissing him from this action.
Lead plaintiff Christopher Oden was not required to respond in order to remain in this
action, and he submitted an IFP motion, so he will therefore continue in this suit.
Pending Motions
Plaintiffs Oden, Nielson, Peterson, Loghry, Iglesias, Smith, Hall, Armstrong, Winters,
Brothers, Brown, Robinson, Elder, Causey, Harper, Hoffarth, Sisneros, Van Deurzen, Say,
Cunningham, Peltz, Turner, Jonassen, and Monkman have filed IFP Motions (Docs. 17, 37, 52,
56, 21, 39, 29, 25, 19, 60, 66, 47, 33, 54, 49, 27, 31, 45, 43, 35, 23, 41, 58, 64, and 61) that will
be addressed in a separate order of this Court.
Plaintiffs filed a Motion to Certify Class (Doc. 14) and a Motion for Leave to Proceed
Writ of Praecipe and Motion for Appointment of Counsel (Doc. 15) in this action. These

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motions will be addressed in a separate order of this Court.
Plaintiffs filed a Motion for Joinder (Doc. 12) that is DENIED in part and GRANTED in
part. It is DENIED to the extent it seeks to add defendants to this action and allegations to the
Complaint. The Court does not accept piecemeal amendments to a complaint, so to the extent
the plaintiffs want to add allegations or defendants, they will need to seek leave to file an
amended complaint in this action and do so in an amended complaint. The Motion for Joinder is
GRANTED, however, to the extent it seeks to add Adam Turner as a Plaintiff. Turner is now
considered a plaintiff in this action, and he will be required to comply with all deadlines and
orders henceforth.
Plaintiff Jonassen has filed a Motion for a Copy of the Complete Record (Doc. 65) that is
DENIED in part and GRANTED in part. Plaintiff Jonassen was already sent a copy of this
Court’s previous Orders (Docs. 5, 50) in this action, as well as a copy of the Complaint and the
Clerk’s letter at Doc. 4. So that he may see what was filed prior to his joining the action, his
Motion will be GRANTED to the extent he seeks a copy of the docket sheet in this case. If
Plaintiff seeks more information than is available in the docket sheet, he is welcome to file a
request for any document filed in this case. As a general rule, the District Clerk will mail paper
copies of any document to a party only upon prepayment of the required fee. According to 28
U.S.C. § 1914(b), “[t]he clerk shall collect from the parties such additional fees only as are
prescribed by the Judicial Conference of the United States.” The Judicial Conference Schedule
of Fees section (4) provides that a fee of $.50 per page shall apply for reproducing any record or
paper. The CLERK is DIRECTED to mail a copy of the docket sheet in this case to Plaintiff
Jonassen along with this Order. If Plaintiff Jonassen seeks to join the pending group motions in
this case, specifically the Motion to Certify Class (Doc. 14) and/or the Motion for Leave to

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Proceed Writ of Praecipe and Motion for Appointment of Counsel (Doc. 15), he may also move
to join the motions instead of sending the Court a signed copy.
Disposition
IT IS HEREBY ORDERED that plaintiffs DARYL HAMPTON, JOSEPH
STOTERAU, DANIEL HAMMER, ROY PARRY, MICHAEL SNYDER, SCOTT
SULLIVAN, CHRISTOPHER HARRIS, JONATHAN VIDLAK, PERNELL JONES,
CHRISTOPHER BAILY, JACK GRUBB, JERALD SIMS, CONNER WEBB, TERRELL
CLEGGETT, DARRELL STEWART, BRENT BAILY, JACOB HOBART, ISAAC
JOHNSON, REGINALD THURMOND, JASON DUNLAP, and TED DURAN are
TERMINATED as plaintiffs in this action. Their claims are DISMISSED without prejudice
pursuant to this Court’s Order at Doc. 5. This dismissal shall not count as a “strike” under 28
U.S.C. § 1915(g), and these plaintiffs are not obligated to pay the filing fee for this action.
IT IS FURTHER ORDERED that CHRISTOPHER ODEN, JASON NIELSON,
RANDALL PETERSON, TIMOTHY LOGHRY, SR., CHRISTIAN IGLESIAS, JASON
SMITH, EARNEST HALL, CRAIG ARMSTRONG, BENJAMIN WINTERS, JEFFERY
BROTHERS, OLLIE BROWN, GREGORY ROBINSON, SHANE ELDER, RANDALL
CAUSEY, DAVID HARPER, DAVID HOFFARTH, MATTHEW SISNEROS, MARTIN
VAN DEURZEN, JAMES SAY, CORY CUNNINGHAM, JOHN PELTZ, ADAM
TURNER, and MARTIN JONASSEN will remain as plaintiffs in this action for the time being.
These plaintiffs remain obligated to pay the filing fee for this action. 1
IT IS FURTHER ORDERED that BRAD MONKMAN must indicate his desire to
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As noted above, their IFP Motions will be addressed in a separate order of this Court. Further, effective
May 1, 2013, the filing fee for a civil case increased from $350.00 to $400.00, by the addition of a new
$50.00 administrative fee for filing a civil action, suit, or proceeding in a district court. See Judicial
Conference Schedule of Fees - District Court Miscellaneous Fee Schedule, 28 U.S.C. § 1914, No. 14. A
litigant who is granted IFP status, however, is exempt from paying the new $50.00 fee.

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proceed as a plaintiff in this action by submitting a copy of the Complaint, with his signature
under the Declaration Under Federal Rule of Civil Procedure 11 on page 10, on or before June
14, 2018. If, by that deadline, Monkman does not return a signed Complaint, he will be
dismissed from this lawsuit and will not be charged a filing fee for this action. This is the only
way to avoid the obligation to pay a filing fee. To enable Monkman to comply with this Order,
the CLERK is also DIRECTED to return a copy of the 12-page Complaint to him. The Clerk
need not return a copy of the Exhibits (Doc. 1-2), totaling 40 pages, to Monkman. The Court will
retain a copy of the exhibits on file. The Clerk also need not return the attached 5-page
“Memorandum in Support of Unconstitutional Cells” to Monkman, as he has already submitted a
signed copy of this attachment.
Plaintiffs are ADVISED that the Complaint is currently awaiting preliminary review by
the Court pursuant to 28 U.S.C. § 1915A, and it has not yet been served on the defendants.
Further action by certain plaintiffs is required before the Court can complete its preliminary
review of this matter under 28 U.S.C. § 1915A. When this review is completed, a copy of the
Court’s order will be forwarded to each plaintiff who remains in the action.
The remaining plaintiffs are also 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 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 their dismissal
from this action for want of prosecution. See FED. R. CIV. P. 41(b).
IT IS SO ORDERED.
DATED: May 24, 2018

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s/ MICHAEL J. REAGAN
United States Chief District Judge

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