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- ilcd;;1:16-cv-01486_de41 RegisterActionDate "2017-12-12" @default.
- ilcd;;1:16-cv-01486_de41 RegisterActionDescriptionText "TEXT ORDER entered by Chief Judge James E. Shadid on 12/12/2017. Plaintiff has filed a motion asking for clarification and additional time to file his second amended complaint. 28 . Plaintiff says he did not immediately receive the Court's November 30, 2017 order dismissing his amended complaint, and he cannot file his amended complaint within the 14 days allowed. Therefore, he asks for an additional 30 days. In addition, the Plaintiff asks if he can still bring an official capacity claim. If Plaintiff can properly state an official capacity claim, he may include this claim in his second amended complaint. However, for the reasons stated in the Court's order, Plaintiff is advised if he is ultimately successful on his official capacity claim, he will not be able to receive money damages or injunctive relief. See November 30, 2017 Order, p. 7. Plaintiff will be limited to declaratory relief. Finally, Plaintiff's complaint was dismissed because he failed to state how any Defendant was involved in his claims. Even though he is proceeding pro se, Plaintiff MUST include this information in any proposed complaint. See Potter v Clark, 497 F.2d 1206, 1207 (7th Cir. 1974)("Where a complaint alleges no specific act or conduct on the part of the defendant and the complaint is silent as to the defendant except for his name appearing in the caption, the complaint is properly dismissed, even under the liberal construction to be given pro se complaints."). Plaintiff's motion is granted. 28 The Court will extend the deadline 30 days from when the order was entered. Plaintiff must file his second amended complaint in compliance with the Court's November 30, 2017 order on or before December 29, 2017.(SAG, ilcd) (Entered: 12/12/2017)" @default.
- ilcd;;1:16-cv-01486_de41 AdministrativeID "None" @default.
- ilcd;;1:16-cv-01486_de41 hasJudgeReference SJ001502 @default.
- ilcd;;1:16-cv-01486_de41 hasReferenceToOtherEntry ilcd;;1:16-cv-01486_de40 @default.