Villagran v. Lawrence et al

Filing 11

ORDER denying 10 MOTION to Add Defendant(s) re 1 Complaint filed by Michael Asad Villagran. IT IS HEREBY ORDERED that Plaintiff LAWRENCE is TERMINATED from this action. His claims are DISMISSED without prejudice pursuant to this Court 9;s Order at Doc. 6. This dismissal shall not count as a strike under 28 U.S.C. § 1915(g), and this plaintiff is not obligated to pay the filing fee for this action. Denzil Lawrence terminated.. Signed by Judge Staci M. Yandle on 5/24/2018. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
MICHAEL ASAD VILLAGRAN,
#834583, and
DENZIL LAWRENCE,

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)
)
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Plaintiffs,
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vs.
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BRUCE WILLIAMS,
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WILL MILLER, and
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CHESTER MENTAL HEALTH CENTER, )
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Defendants.
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Case No. 18-cv-915-SMY

MEMORANDUM AND ORDER
YANDLE, District Judge:
This matter is before the Court for case management. The action was originally filed on
April 12, 2018 by two individuals incarcerated at Chester Mental Health Center. (Doc. 1). The
Court entered a preliminary order in this matter on April 16, 2018, directing Plaintiff Lawrence
to submit a signed Complaint along with a motion to proceed in forma pauperis (“IFP”) or the
filing fee for this case to the Court no later than May 16, 2018 in order to proceed as a plaintiff.
Id. (Doc. 6). The deadline has now passed.
Plaintiff Lawrence did not submit a signed Complaint, the filing fee, or an IFP motion.
He 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. 6. Lead Plaintiff Villāgrān was not required to
respond in order to remain in this action, so he will therefore continue in this suit.
Pending Motions
Plaintiff Villāgrān’s IFP Motion (Doc. 2) and Motion for Attorney Representation (Doc.
3) will be addressed in a separate order of this Court.
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Plaintiff Villāgrān filed a Motion to Add Defendants (Doc. 10) that is DENIED. The
Court does not accept piecemeal amendments to a complaint, so to the extent Villāgrān wants to
add allegations or defendants, he will need to seek leave to file an amended complaint in this
action and do so in an amended complaint.
Disposition
IT IS HEREBY ORDERED that Plaintiff LAWRENCE is TERMINATED from this
action. His claims are DISMISSED without prejudice pursuant to this Court’s Order at Doc. 6.
This dismissal shall not count as a “strike” under 28 U.S.C. § 1915(g), and this plaintiff is not
obligated to pay the filing fee for this action.
IT IS FURTHER ORDERED that Plaintiff VILLĀGRĀN will remain a plaintiff in this
action. This plaintiff remains obligated to pay the filing fee for this action. 1
Plaintiff Villāgrān is 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. When this review is completed, a copy of the Court’s order will be forwarded to
Plaintiff Villāgrān.
Plaintiff Villāgrān is also ADVISED that he is under a continuing obligation to keep the
Clerk of Court and each opposing party informed of any change in his address; the Court will not
independently investigate his 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 his dismissal from this
action for want of prosecution. See FED. R. CIV. P. 41(b).
1

As noted above, his IFP Motion 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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IT IS SO ORDERED.
DATED: May 24, 2018
s/ STACI M. YANDLE
United States District Judge

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