Garner v. Burrell et al

Filing 11

ORDER DISMISSING without prejudice 10 Amended Complaint filed by Cleveland Garner. The Clerk is DIRECTED to send Plaintiff a Section 1983 Complaint Form. Second Amended Complaint due 2/7/2022. Signed by Chief Judge Nancy J. Rosenstengel on 1/11/2022. (anp)

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Case 3:21-cv-01183-NJR Document 11 Filed 01/11/22 Page 1 of 2 Page ID #79 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS CLEVELAND GARNER, Plaintiff, v. Case No. 21-cv-1183-NJR THOMAS BURRELL, LU WALKER, BOB ALLARD, and B. HARRIS, Defendants. MEMORANDUM AND ORDER ROSENSTENGEL, Chief Judge: This matter is before the Court for case management. On December 13, 2021, the Court dismissed Plaintiff Cleveland Garner’s Complaint for failure to state a claim (Doc. 8). He was directed to file an Amended Complaint. Garner first filed a response (Doc. 9) to the Court’s Order which included the Court’s original Order (Doc. 8) with underlined portions and responsive pages indicating how he believes Dr. Burrell, Bob Allard, and B. Harris wronged him (Doc. 8). Subsequently, on January 3, 2022, he filed a document which this Court labeled as an Amended Complaint (Doc. 9). Unfortunately, however, this document only consists of two pages which describes the issues Garner has had with his teeth since 2017. He identifies Dr. Burrell as the dentist who fixed his teeth. Although the Court labeled Garner’s second filing as an Amended Complaint, the document does not stand on its own as an Amended Complaint. Further, it does not Page 1 of 2 Case 3:21-cv-01183-NJR Document 11 Filed 01/11/22 Page 2 of 2 Page ID #80 include the allegations which he included in his response (Doc. 9). Neither of these documents stands on its own as an Amended Complaint, and the Court will not accept piecemeal amendments. Because an amended complaint supersedes and replaces the original complaint, see Flannery v. Recording Indus. Ass'n of Am., 354 F.3d 632, 638 n. 1 (7th Cir.2004), any amended complaint must stand on its own, without reference to any previous pleading. To the extent Garner intends for these documents to be construed as an Amended Complaint, the Court DISMISSES both documents without prejudice. Garner is ORDERED to file an Amended Complaint. To aid Garner in his efforts, the Clerk of Court is DIRECTED to send Garner a Section 1983 Complaint Form. Garner’s Amended Complaint is now due February 7, 2022. Failure to file an Amended Complaint will result in the dismissal of this entire action. IT IS SO ORDERED. DATED: January 11, 2022 ____________________________ NANCY J. ROSENSTENGEL Chief U.S. District Judge Page 2 of 2

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