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Thomas v. Ledbetter

United States District Court, C.D. Illinois

April 21, 2017

LEO THOMAS, Plaintiff,
v.
BRIAN D. LEDBETTER, Defendant.

          ORDER TO SHOW CAUSE

          Jonathan E. Hawley U.S. Magistrate Judge

         The Court, sua sponte, directs the Plaintiff, Leo Thomas, to show cause why this case should not be dismissed with prejudice as a sanction pursuant to Federal Rule of Civil Procedure 37 and the Court's “inherent authority to rectify abuses to the judicial process.” Dotson v. Bravo, 321 F.3d 663, 668 (7th Cir. 2003).

         One of the claims central to the Plaintiff's case is his allegation that his personal property was destroyed in retaliation for the exercise of his First Amendment right to file grievances. During the Plaintiff's deposition, the Plaintiff testified about the grievance he filed regarding the destruction of his property, testifying that the “$40” he received in response to that grievance “couldn't possibly cover all the property that was missing. Like -like, five tubes of my paint cost more than $40. So I then appealed that grievance even though I won it. I then appealed that grievance and - and here we are. I filed a lawsuit in regards to it.” (D. 32-2 at ECF pp. 39-41).

         Additionally, when asked if he had ever filed a lawsuit before, the Plaintiff stated, “Yes.” (D. 32-2 at ECF p. 8). The following exchange then occurred:

Q. What lawsuits have you filed?
A. A failure to protect.
Q. Where was that out of?
A. It was out of the Central District of Illinois.
Q. No. I'm sorry. Which correctional facility was that at?
A. It was out of Logan Correctional Center.
Q. And has there been a resolution in that case?
A. Still pending.
Q. Have you filed any other ...

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