United States District Court, S.D. Illinois
ANTHONY FIRESTINE, #455139, BILLY SEALS, #5450, MONTRAE HARDY, DWAYNE BECK, #441070, JOSEPH TUNSTALL, #B83393, DAVID SCHAUB, #315207, and STEVEN JOHNSON, #430881, Plaintiffs,
ST. CLAIR COUNTY JAIL, PHILLIP McLAUREN, SGT. BOUJACK, SGT. NICHOLS, SGT. MASSEO, SGT. COOK, R. SMITH, ARAMARK, MARY DAVIS, and ST. CLAIR COUNTY MEDICAL STAFF, Defendants.
MEMORANDUM AND ORDER
Phil Gilbert United States District Judge.
matter is before the Court for case management and for
identification of the plaintiffs who will proceed with group
litigation in this case. On May 30, 2017, several inmates at
St. Clair County Jail ("Jail") filed a civil rights
action pursuant to 42 U.S.C. § 1983 in this District.
(Doc. 1). They challenged various conditions of their
confinement at the Jail. (Doc. 1, pp. 5-6). The Complaint was
signed by all seven plaintiffs, including Anthony Firestine,
Billy Seals, Montrae Hardy, Dwayne Beck, Joseph Tunstall,
David Schaub, and Steven Johnson. (Doc. 1, pp. 7-9).
2, 2017, this Court entered an Order pursuant to
Boriboune v. Berge, 391 F.3d 852 (7th Cir. 2004).
(Doc. 4). In the Boriboune Order, the Court
designated Plaintiff Firestine as the "lead plaintiff in
this action. Id. The Court warned all of the
plaintiffs about the risks, obligations, and costs associated
with group litigation. Id. With the exception of
Lead Plaintiff Firestine, each plaintiff was then given an
opportunity to withdraw from the case or sever his claims
into individual actions. (Doc. 4). Any plaintiff who opted to
proceed in a separate action was advised that his claims
would be severed into a new case and subject to a filing fee
in the new action, instead of the instant case. Id.
The deadline for responding to the Boriboune Order
was July 5, 2017. Id. Plaintiffs were informed that
the only way to avoid the obligation to pay a filing
fee for this action was to request dismissal from this action
in writing by the deadline. Id. Plaintiffs were
explicitly warned that "[a]ny Plaintiff who
simply does not respond to this Order on or before July 5,
2017, will be obligated to pay the full filing fee
and will also be dismissed from this action for want of
prosecution and/or for failure to comply with a court order
under Federal Rule of Civil Procedure 41(b)."
(Doc. 4, p. 6) (emphasis added).
21, 2017, Plaintiffs Seals, Hardy, Beck, and Tunstall filed
separate "Declarations" that were each docketed as
a "Declaration/Response." (Docs. 13-16). No two
declarations were alike. Id. In each, the plaintiffs
complained about different conditions at the Jail.
Id. Some of the complaints were generalized, while
others were specific to the particular plaintiff.
Id. The declarations shared one thing in common,
i.e., no plaintiff mentioned the Court's
Boriboune Order or responded to it by confirming his
desire to proceed with group litigation or to proceed in a
separate action. Id.
fact, the Court received no response to the
Boriboune Order from any of the plaintiffs on or
before July 5, 2017. The only plaintiff who filed any
response at all was Plaintiff Seals, who submitted his
"Motion to Sever Case" more than three weeks after
the deadline expired. (Doc. 18). In the Motion, he failed to
explain why his response was late or request an extension of
the deadline for filing it. Id. The Motion to Sever
Case shall therefore be denied, and Plaintiff Seals shall be
treated like all other plaintiffs who failed to comply with
the Boriboune Order by responding to it on or before
July 5, 2017.
IS HEREBY ORDERED that this action shall proceed
only as to Lead Plaintiff ANTHONY FIRESTINE.
IS FURTHER ORDERED that Plaintiffs BILLY
SEALS, MONTRAE HARDY, DWAYNE BECK, JOSEPH TUNSTALL, DAVID
SCHAUB, and STEVEN JOHNSON are
DISMISSED as plaintiffs in this action based
on their failure to timely respond to the Boriboune
Order and for failure to prosecute their claims. (Doc. 4, p.
6) (citing Fed.R.Civ.P. 41(b)).
IS ORDERED that Plaintiff Billy Seals' Motion to
Sever Case (Doc. 18) is DENIED for failure
to comply with the deadline in the Boriboune Order
and for failure to prosecute his claims. (Doc. 4, p. 6)
(citing FED. R. Civ. P. 41(b)).
IS ORDERED that Plaintiff Dwayne Beck's Motion
for Recruitment of Counsel (Doc 7) is DENIED
IS ALSO ORDERED that all plaintiffs became obligated
to pay the filing fee for this action at the time they filed
it, and the obligation survives their dismissal from this
action. Each plaintiff filed a Motion for Leave to Proceed
in forma pauperis (Docs. 2, 6, 8, 9, 10, 12), which
shall be addressed in separate court orders.
Clerk is DIRECTED to modify the case caption
as follows: ANTHONY FIRESTINE, Plaintiff v. ST. CLAIR
COUNTY JAIL, PHILLIP McLAUREN, SGT. BOUJACK, SGT. NICHOLS,
SGT. MASSEO, SGT. COOK, R. SMITH, ARAMARK, MARY
DAVIS, and ST. CLAIR COUNTY MEDICAL STAFF,
case is still subject to preliminary review pursuant to 28
U.S.C. § 1915A. No service shall be ordered in the
present case until the § 1915 A review is completed.
IS FURTHER ORDERED that Plaintiff Firestine is
GRANTED leave to file a "First Amended
Complaint" in this case on or before November
29, 2017, in order to focus this case on claims that
pertain only to him. Should Plaintiff fail to
file his First Amended Complaint within the allotted time,
this action may be dismissed for failure to comply with a
court order or for failure to prosecute his claims. FED. R.
Civ. P. 41(b). See ...