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Bentz v. Maue

United States District Court, S.D. Illinois

May 3, 2018

DAVID ROBERT BENTZ, #S-03210, Plaintiff,
v.
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

          NANCY J. ROSENSTENGEL United States District Judge

         Now 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[1] Per Improper Severance (Doc. 40);
(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. 45).

         Plaintiff 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).

         The 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 without prejudice.

         Background

         Plaintiff 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).

         On 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).

         The 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 ...


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