Matches in SCALES for { <scales/DocketEntry/ilcd;;1:16-cv-01486_de9> ?p ?o ?g. }
Showing items 1 to 5 of
5
with 100 items per page.
- ilcd;;1:16-cv-01486_de9 RegisterActionDate "2017-03-27" @default.
- ilcd;;1:16-cv-01486_de9 RegisterActionDescriptionText "MERIT REVIEW TEXT ORDER entered by Chief Judge James E. Shadid on 3/27/2017. The Court has reviewed the Plaintiff's complaint pursuant to 28 U.S.C. §1915A and finds the Plaintiff has alleged Defendant Sheriff Jeff Standard and Administrator Doug Lafary violated his due process rights when he was placed in segregation for 100 days as the result of a disciplinary infraction without notice and an opportunity to be heard. See Higgs v. Carver, 286 F.3d 437, 438 (7th Cir. 2002). However, the Court will dismiss the Fulton County Jail because the Plaintiff cannot sue a jail pursuant to 42 U.S.C.§1983. See Powell v Cook County Jail, 814 F.Supp 757, 758 (N.D. Ill. Mar. 2, 1993). Any additional claims shall not be included in the case, except at the Court's discretion on motion by a party for good cause shown or pursuant to Federal Rule of Civil Procedure 15. Therefore, the Clerk of the Court is directed to: 1) dismiss Defendant Fulton County Jail for failure to state a claim upon which relief can be granted; 2) attempt service on the Defendants pursuant to the standard procedures; and, 3) set an internal court deadline 60 days from the entry of this order for the court to check on the status of service and enter scheduling deadlines. Plaintiff is advised to wait until counsel has appeared for Defendants before filing any motions, in order to give Defendants notice and an opportunity to respond to those motions. Motions filed before Defendants' counsel has filed an appearance will generally be denied as premature. Plaintiff need not submit any evidence to the Court at this time, unless otherwise directed by the Court. Counsel for Defendants is hereby granted leave to depose Plaintiff at his place of confinement and is responsible for arranging the time for the deposition. Plaintiff shall immediately notify the Court, in writing, of any change in his mailing address and telephone number. Plaintiff's failure to notify the Court of a change in mailing address or phone number will result in dismissal of this lawsuit, with prejudice. Finally, the Court notes Plaintiff does not indicate if he completed the grievance procedure and therefore exhausted his administrative remedies as required before filing his lawsuit. See 42 U.S.C. §1997e(a). If Plaintiff did not exhaust, he may file a motion to voluntarily dismiss his lawsuit on or before April 10, 2017 and the Court will dismiss his lawsuit and waive the filing fee. If Plaintiff does not file a motion on or before April 10, 2017, the Court will assume Plaintiff does intend to pursue this litigation. Plaintiff's motion for a status update is denied as moot. 8 (SL, ilcd) (Entered: 03/27/2017)" @default.
- ilcd;;1:16-cv-01486_de9 AdministrativeID "None" @default.
- ilcd;;1:16-cv-01486_de9 hasJudgeReference SJ001502 @default.
- ilcd;;1:16-cv-01486_de9 hasReferenceToOtherEntry ilcd;;1:16-cv-01486_de8 @default.