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- ilcd;;1:16-cv-01376_de64 RegisterActionDate "2018-06-06" @default.
- ilcd;;1:16-cv-01376_de64 RegisterActionDescriptionText "TEXT ORDER entered by Chief Judge James E. Shadid on 6/6/2018. Plaintiff has one claim before the Court alleging Defendant Major 1F008F9 retaliated against him at Pontiac Correctional Center when the Defendant intentionally housed Plaintiff with a mentally ill inmate and refused to move him. See June 9, 2017 Text Order; May 15, 2018 Case Management Order. Plaintiff has maintained he complained to a Mental Health Worker Haag about the problems with his cell mate. Defendants have now filed a motion for summary judgment with an affidavit from Haag. Based on this affidavit, Plaintiff now asks for leave to file a second amended complaint. 47 . In her affidavit, Haag mentions Plaintiffs cellmate had mental health issues and he was required to live with another cell mate due to a suicide risk. There were no other cells available at the time, but Haag states the Defendant was aware of the problems and was working to find a solution. Nonetheless, Plaintiff "was unable to remain patient enough to allow for remedy of the situation." (Def. Mot., Haag Aff, p. 2). Plaintiff says he was unaware of some of the problems noted with his cell mate and would like to add claims of "deliberate indifference." (Plain. Mot., p. 2). Plaintiff's proposed amended complaint does not articulate a constitutional violation based on deliberate indifference. In addition, discovery has closed and the Court finds reopening discovery would be prejudicial to the Defendants. Therefore, Plaintiff's motion for leave to amend 47 is denied due to futility and undue prejudice to Defendants. See Campania Mgmt. Co. v. Rooks, Pitts & Poust, 290 F.3d 843, 848-49 (7th Cir. 2002). Plaintiff's motions for additional time to file a response to the pending motion for summary judgment are granted. 46 , 48 Plaintiff must file his response on or before June 18, 2018. (SAG, ilcd) (Entered: 06/06/2018)" @default.
- ilcd;;1:16-cv-01376_de64 AdministrativeID "None" @default.
- ilcd;;1:16-cv-01376_de64 hasJudgeReference SJ001502 @default.
- ilcd;;1:16-cv-01376_de64 hasReferenceToOtherEntry ilcd;;1:16-cv-01376_de61 @default.
- ilcd;;1:16-cv-01376_de64 hasReferenceToOtherEntry ilcd;;1:16-cv-01376_de62 @default.
- ilcd;;1:16-cv-01376_de64 hasReferenceToOtherEntry ilcd;;1:16-cv-01376_de63 @default.