United States District Court, S.D. Illinois
COREY TRAINOR, # B-51552, MICHAEL TURNER, # K-51650, and KEVEREZ TANZY, # B-76690, Plaintiffs,
LARRY GEBKE, ROBERT C. MUELLER, MONICA CHRISTIANSON, and OFFICER ROVENSTEIN, Defendants.
MEMORANDUM AND ORDER
R. HERNDON, UNITED STATES DISTRICT JUDGE.
matter is before the Court for case management. This action
was filed on June 14, 2017, by Plaintiff Trainor. The
Complaint named 5 other individual prisoners as
co-Plaintiffs, but none of those 5 had signed the pleading.
The action alleges that Defendants have denied each Plaintiff
permission to receive certain publications, in violation of
the First Amendment.
20, 2017 (Doc. 13), the Court designated Trainor as the lead
Plaintiff, and ordered each non-lead Plaintiff to advise the
Court whether he wished to continue as a party in this group
action. Any co-Plaintiff who chose to continue his
participation in the case was ordered to submit a copy of the
Complaint bearing his signature, and to either pay the
$400.00 filing fee or submit a motion for leave to proceed
in forma pauperis (“IFP”). Three co-
Plaintiffs (Garrett, Groleau, and Metzel) responded that they
did not want to participate in the suit, and they have been
dismissed from the action. (Docs. 16, 19, 23).
31, 2017, Trainor and Turner submitted a joint response (Doc.
17), indicating their desire to continue together with the
action. Their response included a complete copy of the
original Complaint bearing both their signatures (Doc. 17,
pp. 2-18), along with certificates of service (Doc. 17, pp.
19-20). Trainor and Turner have each been granted permission
to proceed IFP in this action based on their motions. (Docs.
August 21, 2017, the Court received a response from Keverez
Tanzy. (Doc. 22). Tanzy reports that on June 16, 2017, just
days after this action was filed, he was released from prison
and now resides in Kankakee, Illinois. He stated that he
wants to move forward as a participant in the group action,
and requested the Court to supply him with a motion for leave
to proceed IFP. He also submitted a copy of the Complaint,
however, he did not sign it on the proper page, which was the
last page of the Complaint (containing paragraphs 83-88 and
numbered “17” at the bottom of the page), which
had Trainor's signature. (Doc. 22, p. 18). Instead, Tanzy
mistakenly signed only the copy of the certificate of service
that had been signed by Trainor on June 8, 2017. (Doc. 22, p.
order for Tanzy to proceed as a co-Plaintiff in this group
action, he must re-submit a copy of the Complaint, with his
signature on the Complaint itself (not on the certificate of
service, which is merely an attachment to the Complaint). To
that end, the Clerk shall be directed to mail to Tanzy a copy
of the Complaint which has now been signed by both Trainor
and Turner (Doc. 17). The Clerk shall also be directed to
mail Tanzy a blank form motion for leave to proceed
alternative, Tanzy may choose to pursue his claims in an
individual action, severed from this group litigation. He is
reminded of the warnings contained in the previous case
management order (Doc. 13) - particularly the requirement
that any motion, amended pleading, or other document filed on
behalf of the 3 co-Plaintiffs must be signed by each
Plaintiff individually. A Plaintiff who participates in an
action without attorney representation must sign documents
for himself; a non-attorney cannot file or sign papers for
another litigant. See Lewis v. Lenc-Smith Mfg. Co.,
784 F.2d 829, 831 (7th Cir. 1986); Fed.R.Civ.P.
Group motions or pleadings that do not comply with these
requirements shall be stricken pursuant to Rule 11(a).
Additionally, all documents submitted to the Court must be
served on every other co-Plaintiff and on the opposing
parties pursuant to Federal Rule of Civil Procedure 5. These
requirements may present difficulties due to the fact that
Tanzy is no longer incarcerated in the same institution where
Trainor and Turner are confined.
IS HEREBY ORDERED that KEVEREZ
TANZY, if he still wishes to continue as a
co-Plaintiff in this group action along with Trainor and
Turner, shall submit the following documents to the Clerk of
Court within 21 days of this order (on or before September
(1) A copy of the Complaint, with his signature on the proper
page, which is the last page of the Complaint and contains
paragraphs 83-88. Because both Trainor's and Turner's
signatures appear on the document filed as Doc. 17 (which is
identical to the original Complaint), the Clerk will be
directed to send Trainor a copy of that document.
(2) A completed motion for leave to proceed IFP, and a copy
of Tanzy's prisoner trust fund statement covering the
dates from Dec. 14, 2016 - June 14, 2017.
alternative, if Tanzy chooses to have his claims severed into
an individual action, he SHALL so notify the Court, within 21
days of this order (on or before September 18, 2017). Within
the same deadline, Tanzy SHALL also submit a properly signed
Complaint. This can be the original Complaint with his
signature properly added as described above, or he may
prepare his own individual pleading. Finally, Tanzy SHALL
submit a completed motion for leave to proceed IFP, along
with a copy of his prisoner trust fund statement covering the
dates from Dec. 14, 2016 - June 14, 2017.
enable Tanzy to comply with this Order, the CLERK is DIRECTED