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)

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

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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

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