United States District Court, S.D. Illinois
CEDRIC CROSS, LARRY WILLIAMS, DANIEL PIPPINS, COURTNEY MCNEAL, and Plaintiffs,
PHILIP MCLAURIN, ST. CLAIR COUNTY JAIL, ST. CLAIR COUNTY MEDICAL STAFF, MARY ROBINSON-DAVIS, and ARAMARK, 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 July 5, 2017, five 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. The Complaint was signed by all five
plaintiffs, including Cedric Cross, Larry Williams, Daniel
Pippins, Courtney McNeal, and Christopher Furr. (Doc.1, p.
25, 2017, this Court entered an Order pursuant to
Boriboune v. Berge, 391 F.3d 852 (7th Cir. 2004).
(Doc. 7). In the Boriboune Order, the Court
designated Plaintiff Pippins as the “lead
plaintiff” in this action. Id. The Court also
dismissed Plaintiff Furr from the case, in accord with his
Motion to Withdraw from the case. Id.
Court warned all of the remaining plaintiffs about the risks,
obligations, and costs associated with group litigation.
Id. With the exception of Lead Plaintiff Pippins,
each plaintiff was then given an opportunity to withdraw from
the case or sever his claims into individual actions.
Id. 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 August 24,
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 August 24,
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. 7, p. 7) (emphasis in original).
August 22, 2017, Plaintiff Cross filed an IFP Motion. (Doc.
11). The IFP Motion did not mention the Court's
Boriboune Order in any way. Plaintiff Cross has not
otherwise responded to the Boribourne Order by
confirming his desire to proceed with group litigation or to
proceed in a separate action. Plaintiffs McNeal and Williams
also failed to respond to the Court's Boribourne
IS HEREBY ORDERED that this action shall proceed
only as to Lead Plaintiff DANIEL PIPPINS.
IS FURTHER ORDERED that Plaintiffs CEDRIC
CROSS, LARRY WILLIAMS, and COURTNEY
MCNEAL are DISMISSED as plaintiffs
in this action based on their failure to timely respond to
the Boriboune Order and for failure to prosecute
IS ALSO ORDERED that with the exception of Plaintiff
Furr (who was previously dismissed from this action and
relieved of his obligation to pay the filling fee) 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. Plaintiffs Pippins, Mcneal,
and Williams filed a Motion for Leave to Proceed in forma
pauperis (Docs. 3, 5, and 11), which shall be addressed
in separate court orders.
Clerk is DIRECTED to modify the case caption
as follows: DANIEL PIPPINS, Plaintiff v. PHILIP
MCLAURIN, ST. CLAIR COUNTY JAIL, ST CLAIR COUNTY MEDICAL
STAFF, MARY ROBINSON-DAVIE, ARAMARK, Defendants.
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 § 1915A review is completed.
IS FURTHER ORDERED that Plaintiff Pippins is
GRANTED leave to file a “First Amended
Complaint” in this case on or before [December
6, 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 generally Ladien v.
Astrachan, 128 F.3d 1051 (7th Cir. 1997); Johnson v.
Kamminga, 34 F.3d 466 (7th Cir. 1994).
Plaintiff decide to file an amended complaint, it is strongly
recommended that he use the forms designed for use in this
District for such actions. He should be careful to label the
pleading, “First Amended Complaint, ” and he must
list this case number (Case No. 17-00699-JPG) on the
first page. To enable Plaintiff to comply with this Order,
the Clerk is DIRECTED to mail Plaintiff
Pippins a blank civil rights complaint form.
amended complaint, Plaintiff must, at a minimum, describe the
actions taken by each defendant that resulted in the
deprivation of his federal constitutional rights. He should
attempt to include the facts of his case in chronological
order, inserting each defendant's name where necessary to
identify the actors. Plaintiff should refrain from filing
unnecessary exhibits or including any other unrelated claims
in his amended complaint. Claims against different
groups of defendants that are found to be ...