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Green v. Chandler

United States District Court, Seventh Circuit

November 4, 2013

ROBERT L. GREEN, # K71866, Plaintiff,
v.
JANIS CHANDLER, Defendant.

MEMORANDUM AND ORDER

MICHAEL J. REAGAN, District Judge.

In Green v. Gatez, Case No. 13-587-MJR (S.D.Ill. June 19, 2013), Plaintiff Robert L. Green, an inmate in Pinckneyville Correctional Center, brought suit for deprivations of his constitutional rights pursuant to 42 U.S.C. § 1983. Pursuant to George v. Smith, 507 F.3d 605 (7th Cir. 2007), a claim was severed from that initial action to form the basis for this action, Case No. 13-cv-674-MJR, consisting of a single claim:

Count 1: In retaliation for filing a grievance regarding strip searches, Defendant Dietary Supervisor Chandler issued Plaintiff a false disciplinary ticket, in violation of the First Amendment.

Plaintiff was given an opportunity to opt out of the severed case and avoid paying a second filing fee. Plaintiff Green did not opt out by the prescribed deadline; therefore this action shall proceed. The Court has already conducted a preliminary review of the claim pursuant to 28 U.S.C. § 1915A, concluding that it states a colorable First Amendment claim.

Plaintiff has since filed an Amended Statement (Doc. 9) and Amended Supplemental Affidavit (Doc. 11). If Plaintiff is intending to amend the complaint, he must file a motion for leave to do so, and submit a proposed amended complaint containing all allegations he intends to pursue in a single document. See Local Rule 15.1. Furthermore, documentation, affidavits, and the like, in support of the initial complaint (Doc. 2) need not be filed at this juncture, as there are no pending motions pending requiring the submission of supporting documentation (such as a motion for summary judgment). Therefore, Plaintiff's Amended Statement (Doc. 9) and Amended Supplemental Affidavit (Doc. 11) shall be stricken from the record.

Pending Motions

Plaintiff's motion for leave to proceed in forma pauperis (Doc. 3) shall be granted by separate order, consistent with the order at Doc. 5. Thus, a filing fee will be collected for this action, separate and district from the fee being collected for Case No. 13-cv-587-MJR.

Plaintiff's motion for recruitment of counsel (Doc. 4) shall be referred to United States Magistrate Judge Stephen C. Williams for further consideration.

Plaintiff's Motion for Status (Doc. 12) shall be denied as moot. This Order reflects the current status of this case.

Disposition

IT IS HEREBY ORDERED that COUNT 1 against Defendant JANIS CHANDLER shall proceed.

IT IS FURTHER ORDERED that Plaintiff's Amended Statement (Doc. 9) and Amended Supplemental Affidavit (Doc. 11) is STRICKEN from the record.

IT IS FURTHER ORDERED that Plaintiff's Motion for Status (Doc. 12) is DENIED AS MOOT.

The Clerk of Court shall prepare for Defendant JANIS CHANDLER: (1) Form 5 (Notice of a Lawsuit and Request to Waive Service of a Summons), and (2) Form 6 (Waiver of Service of Summons). The Clerk is DIRECTED to mail these forms, a copy of the complaint, and this Memorandum and Order to Defendant Chandler's place of employment as identified by Plaintiff. If Defendant fails to sign and return the Waiver of Service of Summons (Form 6) to the Clerk within 30 days from the date the forms were sent, the Clerk shall take appropriate steps to effect formal service on ...


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