United States District Court, S.D. Illinois
SCOTT A. MEDFORD, # Y-22728, Plaintiff,
UNKNOWN PARTY (Counts 4 and 5), Defendant.
MEMORANDUM AND ORDER
GILBERT, UNITED STATES DISTRICT JUDGE.
matter comes before the Court for consideration of
Plaintiff's Motion for 30-day Extension to file a First
Amended Complaint (Doc. 6). This action was severed on
September 21, 2017, from Medford v. McLaurin, et
al., Case No. 17-cv-243-JPG (S.D. Ill.). Plaintiff's
claims arose from his confinement at the St. Clair County
Jail (“the Jail”). This action contains the
claims designated as Counts 4 and 5 in the original action,
as described below. (Doc. 1).
Count 4 - Unconstitutional conditions of
confinement claim for mold and peeling paint in the showers,
on the walls, and near the ventilation systems, leaking water
from the ceilings, showers and sinks without hot water, one
set of clothes, and no emergency buttons in the cells at the
Count 5 - Unconstitutional conditions of
confinement claim for failure to provide adequate food
portions to inmates at the Jail.
order for these claims to proceed, Plaintiff must submit an
amended complaint that identifies the individual Defendants
by name. Further, the amended complaint must withstand the
required merits review pursuant to 28 U.S.C. § 1915A.
IS THEREFORE ORDERED that the motion for extension
of time (Doc. 6) is GRANTED, good cause
having been shown. Plaintiff SHALL FILE his
First Amended Complaint on or before November 17, 2017.
strongly recommended that Plaintiff use the form designed for
use in this District for civil rights actions. He should
label the pleading “First Amended Complaint” and
include Case Number 17-cv-1012-JPG. The amended complaint
shall include only the claims designated as COUNTS 4
and 5 above, and should state all relevant facts
which may exist to support those constitutional claims.
amended complaint, Plaintiff shall specify, by name,
each Defendant alleged to be liable under the particular
count, as well as the actions alleged to have been taken by
that Defendant. New individual Defendants may be added if
they were personally involved in the constitutional
violations. Plaintiff should attempt to include the facts of
his case in chronological order, inserting Defendants'
names where necessary to identify the actors and the dates of
any material acts or omissions.
amended complaint supersedes and replaces all prior
complaints, rendering them void. See Flannery v.
Recording Indus. Ass'n of Am., 354 F.3d 632, 638 n.1
(7th Cir. 2004). The Court will not accept piecemeal
amendments to a Complaint. Thus, the First Amended Complaint
must contain all the relevant allegations in support of
Plaintiff's claims and must stand on its own, without
reference to any other pleading. Plaintiff must also re-file
any exhibits he wishes the Court to consider along with the
First Amended Complaint.
Plaintiff fail to file his First Amended Complaint within the
allotted time or consistent with the instructions set forth
in this Order, the entire case shall be dismissed with
prejudice for failure to comply with a court order and/or for
failure to prosecute. Fed.R.Civ.P. 41(b). See generally
Ladien v. Astrachan, 128 F.3d 1051 (7th Cir. 1997);
Johnson v. Kamminga, 34 F.3d 466 (7th Cir. 1994); 28
U.S.C. § 1915A. Such dismissal may count as one of
Plaintiff's three allotted “strikes” within
the meaning of 28 U.S.C. § 1915(g).
service shall be ordered on any Defendant until after the
Court completes its § 1915A review of the First Amended
is further ADVISED that his obligation to
pay the filing fee for this action was incurred at the time
the original action was filed, thus the filing fee of $350.00
remains due and payable, regardless of whether Plaintiff
files a First Amended Complaint. See 28 U.S.C.
§ 1915(b)(1); Lucien v. Jockisch, 133 F.3d 464,
467 (7th Cir. 1998).
Plaintiff is ADVISED that he is under a
continuing obligation to keep the Clerk of Court and each
opposing party informed of any change in his address; the
Court will not independently investigate his whereabouts.
This shall be done in writing and not later than 7
days after a transfer or other change in address
occurs. Failure to comply with this order will cause a delay
in the transmission of court documents and may result in
dismissal of this action for want of prosecution.
See Fed. R. Civ. P. 41(b).
order to assist Plaintiff in preparing his amended complaint,
the Clerk is DIRECTED to mail Plaintiff ...