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- ilcd;;1:17-cv-01292_de12 RegisterActionDate "2018-04-24" @default.
- ilcd;;1:17-cv-01292_de12 RegisterActionDescriptionText "TEXT ORDER entered by Judge Joe Billy McDade on 4/24/2018. Plaintiff, proceeding pro se, files an amended complaint alleging additional constitutional violations at the Pontiac Correctional Center ("Pontiac"). The Court has examined the amended complaint for purposes of issuing a merit review pursuant to 28 U.S.C. § 1915A, but cannot do so as Plaintiff's intent is not clear. On November 28, 2017, the Court issued its merit review of Plaintiff's original complaint. It found that Plaintiff had successfully pled that on March 3, 2016, Defendant Winemiller refused to move Plaintiff from an unsanitary, vermin-infested cell. Plaintiff now files a proposed amended complaint asserting excessive force, failure to intervene, inhumane conditions of confinement and violations of due process arising from a separate, November 4, 2016 incident. Plaintiff does not name Defendant Winemiller in the November 4, 2016 incident, but names 10 other Defendants. Here, it is not clear whether Plaintiff is attempting to impermissibly plead unrelated claims in one action, or whether he is abandoning his claims against Defendant Winemiller in favor of the others. See George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007), "[u]nrelated claims against different defendants belong in different suits." In other words, multiple claims against a single party are fine, but Claim A against Defendant 1 should not be joined with unrelated Claim B against Defendant 2. If Plaintiff wishes to proceed against Defendant Winemiller in this case, then he must assert the additional unrelated claims in a separate lawsuit. If Plaintiff wishes to dismiss Defendant Winemiller, he is to notify the Court within 14 days (5/8/2018.) The Court RESERVES review of the proposed amended complaint 10 , pending Plaintiff's response.(VH, ilcd) (Entered: 04/24/2018)" @default.
- ilcd;;1:17-cv-01292_de12 AdministrativeID "None" @default.
- ilcd;;1:17-cv-01292_de12 hasReferenceToOtherEntry ilcd;;1:17-cv-01292_de11 @default.