United States District Court, S.D. Illinois
July 1, 2015
JOHN E. TAYLOR, JR., No. R66376, Plaintiff,
MAJOR BROWN, Defendant.
NANCY J. ROSENSTENGEL, District Judge.
Pursuant to the mandate of the Court of Appeals for the Seventh Circuit in Taylor v. Brown, ___ F.3d ___, 2104 WL 9865341 (7th Cir. June 2, 2015), the Court returns to this long-closed case to correct the record and, as the appellate court ordered, "unwind the clock" as though this case had never been opened.
In Taylor v. Gayle, S.D. Ill. Case No. 11-cv-104-JPG, a failure-to-protect claim against James Brown ("Count 3") was severed into a new case - this case, Taylor v. Brown, 11-cv-631. The Brown case, No. 11-cv-631, was dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(b), and Brown's costs were taxed against Plaintiff Taylor. The defendants in the Gayle case, No. 11-cv-104, were ultimately granted summary judgment, and that case was closed in 2013. Plaintiff filed an appeal in Brown, 11-cv-631, challenging the severance and the dismissal of the case.
In Taylor v. Brown, ___ F.3d ___, 2104 WL 9865341 (7th Cir. June 2, 2015), the Court of Appeals for the Seventh Circuit ruled that the severance order in Gayle, No. 11-cv-104, was erroneous; Brown, No. 11-cv-631, never should have come into existence; the subsequent dismissal and taxation of costs were erroneous, and Plaintiff is due a refund for all costs associated with the litigation of Brown, No. 11-cv-631. By separate order, the relevant orders in the Gayle case will be vacated.
IT IS HEREBY ORDERED that, in accordance with the mandate of the Seventh Circuit, the following orders in this case, Brown, No. 11-cv-631, are VACATED: Docs. 1, 2, 4, 5, 12, 15, 18, 20, 22, 24, 25 (the Judgment), 28, 29 and 31.
IT IS FURTHER ORDERED that this case is CLOSED nunc pro tunc.
IT IS FURTHER ORDERED that all fees and costs paid to the Court by Plaintiff John E. Taylor, Jr. (IDOC Inmate No. R66376) in this case, Taylor v. Brown, S.D. Ill. No. 11-cv-631, and the associated appeal, Taylor v. Brown, 7th Cir. No. 12-1710, shall be REFUNDED by the Clerk of the District Court to Plaintiff Taylor. As of the date of this Order, $102.20 (all credited to the appeal) is owed to Plaintiff Taylor.
IT IS FURTHER ORDERED that the Illinois Department of Corrections shall CEASE COLLECTION of any further partial payments toward Taylor v. Brown, S.D. Ill. No. 11-cv-631, and the associated appeal, Taylor v. Brown, 7th Cir. No. 12-1710, as the orders directing that payments be made in those cases have been vacated. The Clerk of Court is DIRECTED to send a copy of this order to both the Warden and Trust Fund Administrator at Stateville Correctional Center, where Plaintiff is currently housed.
The Clerk of Court is DIRECTED to have the record reflect these changes and to send Plaintiff a copy of the revised docket sheet and this order. A separate order will issue relative to Gayle, No. 11-cv-104.
IT IS SO ORDERED.