United States District Court, S.D. Illinois
August 11, 2005.
EUGENE HORTON, Plaintiff,
DONALD SNYDER, JAMES GOODMAN, and SHELTON FREY, Defendants.
The opinion of the court was delivered by: DONALD WILKERSON, Magistrate Judge
This matter is before the Court on the Motion for Sanctions
filed by the plaintiff, Eugene Horton, on July 25, 2005 (Doc. 67)
and the Motion to Amend filed by Horton on July 27, 2005 (Doc.
68). For the reasons set forth below, the Motion for Sanctions is
DENIED and the Motion to Amend is TAKEN UNDER ADVISEMENT.
MOTION FOR SANCTIONS
The plaintiff seeks an order sanctioning Roger E. Walker, the
current Director of the Illinois Department of Corrections, for
failing properly supervise the disbursement of writing paper and
envelopes by the library staff at the Pontiac Correctional
Center, where the plaintiff is currently incarcerated. No
sanctions are warranted. First, Director Walker is not a party to
this lawsuit, nor are members of the library staff. Second,
sanctions are not imposed for such a minor delay in the
plaintiff's prosecution of his case. Even if the library staff
were refusing to provide paper and envelopes, such a situation
can be remedied by an extension of time to complete discovery as
the plaintiff also requests. Third, Horton has made no specific
showing of how such actions "disadvantaged" him during the
discovery process. Fourth, and for the foregoing reasons, this sanctions request is simply frivolous.
Sanctions are imposed as a last resort and are not entered into
lightly. The plaintiff is INSTRUCTED that if he files additional
frivolous sanctions requests, they will be stricken from the
record and the Court will consider sanctioning the plaintiff for
filing such frivolous motions.
However, as the defendant does not object, the discovery
deadline in this case is extended to November 30, 2005 in order
for the parties to complete discovery.
MOTION TO AMEND
Currently, before the District Court, is this Court's Report
and Recommendation concerning defendant Goodman's motion to
dismiss. This Court will take this motion to amend UNDER
ADVISEMENT pending the District Court's ruling on the Report and
For the foregoing reasons, the Motion for Sanctions filed by
the plaintiff, Eugene Horton, on July 25, 2005 is DENIED (Doc.
67) and the Motion to Amend filed by Horton on July 27, 2005 is
TAKEN UNDER ADVISEMENT (Doc. 68).
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