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Bentz v. Maue
United States District Court, S.D. Illinois
May 3, 2018
DAVID ROBERT BENTZ, #S-03210, Plaintiff,
NATHANIEL MAUE, WILLIAM QUALLS, ADAM TOPE, JACOB GUETTERSLOH, MICHAEL SCHNICKER, RYAN SADLER, TINA MONROE, WESLEY MONROE, TYLER JAIMET, CAMBELL, C/O BENIFIELD, CONWAY, MICHAEL SAMUEL, RAYMOND ALLEN, KENT BROOKMAN, MONJIE, KRISTA ALLSUP, MARK PHOENIX, KIMBERLY BUTLER, LASHBROOK, DAVID DWIGHT, JAMES BUTLER, ANGILA CRAIN, S. McGLORN, DOCTOR TROST, DOE, and NURSE JANE DOE, Defendants.
MEMORANDUM AND ORDER
J. ROSENSTENGEL United States District Judge
before the Court for consideration are six motions (Docs.
38-41, 44-45) filed by Plaintiff David Robert Bentz. (Doc.
36). These motions include:
(1) Plaintiff's Joint Motion to Stay All Above Actions
Pending Rulings (Doc. 38);
(2) Plaintiff's Joint Motion Under Rule 59(e) (Doc. 39);
(3) Plaintiff's Joint Motion to Stay All Proceedings
Pending Rule 59(e) and/or Appeal Per Improper Severance (Doc.
(4) Plaintiff's Joint Motion Under Rule 59(e) (Doc. 41);
(5) Joint Notice to Court and Motion for Docket Sheet and
Other (Doc. 44); and
(6) Motion for Clarification of Severance/Screening (Doc.
filed five of these motions in this case and three other
cases that were severed from this case on January 4, 2018.
See Bentz v. Lindenberg, No. 18-cv-00016-DRH (S.D.
Ill.) (Docs. 6, 7, 8, 9, and 12); Bentz Newbold, No.
18-cv-00017-JPG-RJD (S.D. Ill.) (Docs. 9, 10, 11, 15, 17);
Bentz v. McGlorn, No. 18-cv-00018-JPG (S.D. Ill.)
(Docs. 8, 9, 10, 12, 18). He did so after this case was
stayed pending the outcome of Bentz v. Qualles, App.
No. 17-1728 (7th Cir. filed Apr. 7, 2017).
stay is lifted for the sole purpose of addressing these
motions (Docs. 38-41, 44-45). As discussed in more detail
below, Plaintiff's request to stay this case pending a
ruling on his motions will be denied. Plaintiff's request
for relief from the Order Severing and Staying Case (Doc. 36)
also will be denied. His request for a courtesy copy of the
docket sheet will be granted. Any other requests for relief
pertaining to this case and not addressed below are denied
filed this civil rights action pursuant to 42 U.S.C. §
1983 on July 27, 2016. (Doc. 1). Before the Complaint was
screened pursuant to 28 U.S.C. § 1915A, the Court denied
Plaintiff's Motion for Leave to Proceed in forma
pauperis (“IFP Motion”) and dismissed the
action on September 22, 2016, after finding that Plaintiff
failed to disclose financial information in his IFP motion.
(Doc. 4). An Order Dismissing Case and Judgment were entered
on that date, and Plaintiff appealed. (Docs. 8-9, 22).
November 20, 2017, the Seventh Circuit reversed the District
Court's decision and remanded the matter for further
proceedings. Bentz v. Maue, 702 Fed.Appx. 461 (7th
Cir. Nov. 20, 2017). Pursuant to the Seventh Circuit's
Mandate (Doc. 34), this Court vacated the Order Denying the
IFP Motion (Doc. 5), Order Dismissing Case (Doc. 8), and
Judgment (Doc. 9). (Doc. 36).
Court also screened the Complaint and concluded that several
claims were subject to severance. (Doc. 36). Plaintiff named
thirty-five known defendants and numerous unknown defendants
in his 225-page Complaint. Id. His claims stemmed
from two assaults that occurred at Menard in May and August
2014 and from the denial of medical and/or dental care at the