The opinion of the court was delivered by: CLIFFORD PROUD, Magistrate Judge
*fn1 Upon consent of the parties, on November 24, 2004, this
case was assigned to the undersigned for final disposition. See,
Before the court are plaintiff's Request for Final Order on
Motion for Relief from Judgment and Renewed Motion for Relief
from Judgment. (Docs. 160 and 167). Defendant has filed a
Response. (Doc. 168).
Plaintiff has asked the Court to reinstate two claims, Counts 4
and 5 of his First Amended Complaint. (Doc. 8). In these
counts, plaintiff seeks injunctive relief for alleged
discrimination on the basis of race in the segregation unit at
Menard Correctional Center. Judge Stiehl granted defendants'
motion for summary judgment because plaintiff had been
transferred from Menard to another prison, rendering his claim
for injunctive relief moot. See, Doc. 114.
After Judge Stiehl entered his Order, plaintiff was transferred
back to Menard Correctional Center. See, Doc. 120. Furthermore,
plaintiff has again been placed in segregation. See, Doc. 167.
Because plaintiff is again present in the segregation unit at
Menard Correctional Center, there is a "reasonable showing that [the plaintiff] will
again be subject to the illegality." City of Los Angeles v.
Lyons, 461 U.S. 95, 109, 103 S.Ct. 1660, 1669, 75 L.Ed.2d 675
Defendants agree that Counts 4 and 5 of plaintiff's First
Amended Complaint (Doc. 8) are no longer moot. Defendants
suggest that, if those counts are reinstated, that the current
warden of Menard be substituted as defendant, and that the
parties be given leave to amend the final pre-trial order to
include witnesses and exhibits related to claims contained in
Counts 4 and 5.
Upon consideration and for good cause shown, plaintiff's
Request for Final Order on Motion for Relief from Judgment and
Renewed Motion for Relief from Judgment (Docs. 160 and 167) are
GRANTED as follows:
Counts 4 and 5 of plaintiff's amended complaint are reinstated;
Alan Uchtman, the current warden of Menard, is substituted as
defendant on Counts 4 and 5, pursuant to Fed.R.Civ.P. 25(d);
Defendant Uchtman shall file a pleading responsive to
reinstated Counts 4 and 5 on or before October 21, 2005; and
The parties are ordered to file a supplemental final pretrial
order, relating to Counts 4 and 5, on or before November 21,
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