United States District Court, N.D. Illinois, Western Division
G. Reinhard United States District Court Judge
amended application for leave to proceed in forma
pauperis  is granted. The initial partial filing fee
is waived. The court authorizes and orders the trust fund
officer at the Winnebago County Jail to begin collecting
monthly deductions from plaintiff's account for payment
to the Clerk of Court toward the filing fee. The clerk is
directed to send a copy of this order to the Supervisor of
Inmate Trust Fund Accounts at the Winnebago County Jail.
Summonses, however, shall not issue at this time as following
initial review pursuant to 28 U.S.C. § 1915A,
plaintiff's amended complaint  (which includes first
and second amended complaints directed at individuals who are
employed by different correctional facilities) is dismissed.
If he can do so consistent with this order, plaintiff may
submit a third amended complaint by September 12, 2017. If
plaintiff does not comply or submits another deficient
complaint, the court may summarily dismiss this case.
Plaintiff is also directed to submit a completed USM-285 form
for each defendant named in any third amended complaint. The
clerk is directed to send plaintiff a copy of this order,
along with an amended complaint form and instructions and a
blank USM-285 service form.
Edward Johnson III, a federal pretrial detainee who is housed
at the Winnebago County Jail, filed this pro se
lawsuit based on events that allegedly transpired when he was
in custody at the Winnebago County Jail, the Ogle County
Jail, and the Metropolitan Correctional Center. By order
dated June 5, 2017, the court denied his application to
proceed in forma pauperis with leave to file a
properly supported amended application. . The court also
directed plaintiff to submit an amended complaint, explaining
that even if he was able to resolve his fee status, his
original complaint violated the rule prohibiting an inmate
from bringing unrelated claims against unrelated defendants
in a single complaint accompanied by a single filing fee.
See George v. Smith, 507 F.3d 605, 607 (7th Cir.
2007). In response, plaintiff submitted an amended
application to proceed in forma pauperis and an
amended complaint which consists of two separate amended
complaints and a document entitled “memorandum of
for Leave to Proceed In Forma Pauperis
application for leave to proceed in forma pauperis
is granted. The certification portion of his amended
application for leave to proceed in forma pauperis
indicates that the balance in his inmate trust account is
zero and that he has received a total of $11.64 in the past
six months. Two entries on his trust fund ledger are
redacted, apparently by the trust fund officer at the
Winnebago County Jail. The court calculates an average
monthly deposit of $1.94; the trust fund officer, who
presumably has access to plaintiff's complete trust fund
account ledger, calculates an average monthly deposit of
$2.67. But either way, the initial partial payment calculated
pursuant to 28 U.S.C. § 1915(b) is less than one dollar.
Thus, the court waives the initial partial filing fee
pursuant to 28 U.S.C. § 1915(b)(4). Nevertheless, the
court authorizes and orders the trust fund officer at
plaintiff's place of incarceration to begin collecting
monthly installments from plaintiff's trust fund account
and pay the money directly to the clerk toward the filing
fee. See 28 U.S.C. § 1915(b)(2). Monthly
payments from plaintiff's trust fund account should
reflect an amount equal to 20% of the preceding month's
income credited to the account and should be forwarded to the
Clerk of Court each time the amount in the account exceeds
$10 until the full $350 filing fee is paid. All payments
shall be sent to the Clerk, United States District Court, 219
S. Dearborn St., Chicago, Illinois 60604, attn: Cashier's
Desk, 20th Floor, and shall clearly identify plaintiff's
name and this case number. The court directs the clerk to
ensure that a copy of this order is mailed to each facility
where plaintiff is housed until the filing fee has been paid
Review of Plaintiff's Amended Complaint
plaintiff's original complaint, the court must review his
amended complaint and dismiss it, or any claim therein, if
the complaint or claim is frivolous or malicious, fails to
state a claim on which relief may be granted, or seeks
monetary relief against a defendant who is immune from such
relief. See 28 U.S.C. § 1915A; Jones v.
Bock, 549 U.S. 199, 214 (2007); Turley v.
Rednour, 729 F.3d 645, 649 (7th Cir. 2013).
court's June 5, 2017 order advised plaintiff that
although he is a federal pretrial detainee, to the extent
that he elected to proceed against officials at the Winnebago
or Ogle County Jails, his claims arise under 42 U.S.C. §
1983 as officials at these facilities acted under color of
state law (not federal law) at the relevant
times.  at 4. It further advised plaintiff
that his complaint contained at least twenty-three unrelated
claims against unrelated individuals at the Winnebago County
Jail, the Ogle County Jail, and the Metropolitan Correctional
Center and thus violated the rule prohibiting an inmate from
bringing unrelated claims against unrelated defendants in a
single complaint accompanied by a single filing fee.
Id. at 3-4. In response, plaintiff submitted an
amended complaint that consists of two proposed amended
complaints and a document captioned “memorandum of
law.” The first amended complaint names Winnebago
County Jail Superintendent Robert Redmond.  at 1-6.
Construed generously, plaintiff appears to be alleging that
Redmond is responsible for a Winnebago County Jail policy
that causes inmates' “legal calls” to be
monitored. Id. at 4. Plaintiff's second amended
complaint names Lieutenant Lynn at the Ogle County Jail.
Id. at 8-14. Plaintiff asserts claims of medical
deliberate indifference regarding the denial of prescription
glasses and dental care. Id. His theory of relief
appears to be that he complained to Lynn about these issues,
to no avail. Id. at 12. Plaintiff's memorandum
(which is not necessary when drafting a complaint) contains
authority relating to medical and dental deliberate
indifference claims. Id. at 15-16.
somewhat better, but still unacceptable, given the joinder
principles discussed in the court's order screening the
original complaint. See George, 507 F.3d at 607.
Plaintiff's attempt to avoid the “one filing fee
per complaint” rule by simultaneously submitting two
complaints in this case is unavailing. See id. If he
wishes to bring actions based on events that allegedly
transpired at both the Winnebago and Ogle County Jails, he
must do so in two separate actions, as he may not proceed
against individuals at both facilities in a single lawsuit.
He is reminded that if he files another action, he will
either have to pay another filing fee or obtain leave to
proceed in forma pauperis and that if he proceeds as
a pauper in a second case, 28 U.S.C. § 1915(b)(2)
requires 20% monthly deductions for each of his
cases. See Bruce v. Samuels, - U.S. -, 136 S.Ct.
627, 632-33 (2016). In that instance, each time his monthly
balance exceeds $10, the trust account custodian at the
facility where he is incarcerated will deduct 20% 20%, for
a total of 40%, until the filing fees (which will total $700)
are paid in full. This obligation will follow him, even if he
is transferred to a different facility in the future.
plaintiff may not proceed based on his two amended
complaints. If he wishes to proceed with this action, he must
submit a third amended complaint that contains a single core
claim (or legally related claims) against proper defendants.
Any additional claims plaintiff may wish to prosecute must be
brought in separate lawsuits that will each need to be
accompanied by a separate application for leave to proceed
in forma pauperis. Any third amended complaint must
be submitted on the District's required form.
See Local Rule 81.1. Plaintiff must write both the
case number and the judge's name on the second amended
complaint, sign it, and return it to the Prisoner
Correspondent. Plaintiff is cautioned that an amended
pleading supersedes (that is, completely replaces) prior
versions of the complaint and must stand complete on its own.
Therefore, all allegations must be set forth in the third
amended complaint without reference to a prior version of the
complaint. The clerk will provide plaintiff with an amended
civil rights complaint form and instructions. If plaintiff
fails to submit a third amended complaint by the deadline,
then the case will be dismissed for lack of prosecution.
deciding how to proceed, plaintiff should perform some basic
legal research. His effort to bundle claims based on the
alleged denial of prescription glasses (which he defines as
reading glasses,  at 10, and dental care is premised on
his decision to name Lieutenant Lynn at the Ogle County Jail
as the sole defendant. Ordinarily, however, medical claims
are brought against medical staff who provide care.
Lieutenant Lynn is not a medical provider and generally,
non-medical staff are "entitled to relegate to the
prison's medical staff the provision of good medical
care." Burks v. Raemisch, 555 F.3d 592, 595
(7th Cir. 2009). Thus, if plaintiff wishes to pursue a
medical claim, he should carefully consider who to name as a
defendant, specify how the condition at issue is objectively,
sufficiently serious, and include factual allegations
suggesting that each named defendant was deliberately
indifferent. See Burton v. Downey, 805 F.3d 776, 784
(7th Cir. 2015) (the Due Process Clause prohibits deliberate
indifference to the serious medical needs of a pretrial
detainee); Ashcroft v. Iqbal, 556 U.S. 662, 678
(2009) (conclusory allegations are insufficient).