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William Spivey v. Sean Furlow

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


April 18, 2011

WILLIAM SPIVEY, PLAINTIFF,
v.
SEAN FURLOW, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gilbert, District Judge:

#K-81482,

MEMORANDUM AND ORDER

In an order entered March 1, 2011 (Doc. 37), the Court found that many of the claims presented against Defendants in the complaint were unrelated to each other or to the other claims. In that Order, the Court advised Plaintiff of the Court's intention to sever the claims against Defendants Taylor, Love, Sutton, Schwartzlander, Mathis, Chapman, Flag, Sager, Fallert, Walker, Matthews, Shaw, Phillips, Unknown Second Shift Correctional Officers (SCO), Furlow, Klindworth, Myers, and Davis into new lawsuits. The Court also gave Plaintiff 45 days to voluntarily dismiss those claims, so as to avoid the imposition of additional filing fees. To date, the Court has received no communication from Plaintiff attempting to voluntarily dismiss those claims, and that 45-day period has since elapsed. Thus, the Court will proceed to sever those claims into new actions.

SEVERANCE OF CLAIMS

IT IS HEREBY ORDERED that the claims against Defendants Taylor, Love, Sutton, Schwartzlander, Mathis, Chapman, Flag, Sager, Fallert, Walker, Matthews, Shaw, Phillips, Unknown SCO, Furlow, Klindworth, Myers, and Davis are SEVERED into new cases. Those new cases shall be:

(Case 1) Against Defendant Taylor for Harassment and Eighth Amendment violations;

(Case 2) Against Defendants Love and Sutton for Freedom of Religion and Eighth Amendment violations; (Case 3) Against Defendants Schwartzlander, Walker, Matthews, Shaw, Mathis, Phillips, Unknown SCO, Furlow, Klindworth, Myers, and Davis for Harassment, Failure to Protect, and Due Process violations; (Case 4) Against Defendants Chapman, Flag, and Sager for Freedom of Religion and Due Process violations; (Case 5) Against Defendant Fallert for violations of the Grievance Process.

IT IS FURTHER ORDERED that each of these new cases shall be assigned to the undersigned judicial officer for further proceedings.

IT IS FURTHER ORDERED that in each of these new cases, the Clerk shall file the following documents:

(1) This Memorandum and Order;

(2) The Order advising Plaintiff to voluntarily dismiss claims (Doc. 37);

(3) The Original Complaint (Doc. 1);

(4) Plaintiff's motion to proceed in forma pauperis (Docs. 2, 9, 35).

IT IS FURTHER ORDERED that the only claims remaining in this action are the claims against Defendants Peters, Turley, Unknown assistant warden of programs (AWP), and Unknown adjustment committee members (ACM).

IT IS FURTHER ORDERED that Defendants Taylor, Love, Sutton, Schwartzlander, Mathis, Chapman, Flag, Sager, Fallert, Walker, Matthews, Shaw, Phillips, Unknown SCO, Furlow, Klindworth, Myers, and Davis are DISMISSED from this action with prejudice.

IT IS FURTHER ORDERED that this case shall now be captioned as: WILLIAM SPIVEY, Plaintiff, v. WILLIAM PETERS, LT. JAMES TURLEY SR., UNKNOWN ASSISTANT WARDEN OF PROGRAMS, and UNKNOWN ADJUSTMENT COMMITTEE MEMBERS, Defendants.

IT IS SO ORDERED.

J. Phil Gilbert United States District Judge

20110418

© 1992-2014 VersusLaw Inc.



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