United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
M. YANDLE United States District Judge
Tawon Tribble, an inmate of the Illinois Department of
Corrections (“IDOC”) currently incarcerated at
Shawnee Correctional Center (“Shawnee”), brings
this civil rights action pursuant to 42 U.S.C. § 1983
for alleged deprivations of his constitutional rights.
Plaintiff alleges his requests to be transferred to a
different cell were ignored by Shawnee staff after he
reported being repeatedly sexually assaulted by his cellmate.
He requests monetary damages.
Complaint is now before the Court for preliminary review
pursuant to 28 U.S.C. § 1915A. Under Section 1915A, the
Court is required to screen prisoner Complaints to filter out
non-meritorious claims. See 28 U.S.C. §
1915A(a). Any portion of a Complaint that is legally
frivolous, malicious, fails to state a claim upon which
relief may be granted, or asks for money damages from a
defendant who by law is immune from such relief must be
dismissed. 28 U.S.C. § 1915A(b). At this juncture, the
factual allegations of the pro se complaint are to
be liberally construed. Rodriguez v. Plymouth Ambulance
Serv., 577 F.3d 816, 821 (7th Cir. 2009).
alleges that he was randomly moved to a cell with a cellmate
who repeatedly physically and verbally sexually assaulted
him. (Doc. 1). He further alleges that he told various
officers on numerous occasions about the assaults, but
nothing was done. Eventually, Plaintiff's cellmate was
placed in segregation. (Id. at p. 6).
Complaint does not survive preliminary review under §
1915A because he names Shawnee CC as the only defendant.
Shawnee, which is a division of IDOC, is not a
“person” subject to suit under Section 1983.
Will v. Mich. Dep't of State Police, 491 U.S.
58, 71 (1989). Although Plaintiff refers to certain
individuals in the statement of his claim, he failed to name
them as defendants in the case caption of the Complaint. When
parties are not listed in the case caption, the Court will
not treat them as defendants and any claims against them
should be considered dismissed without prejudice.
See Fed. R. Civ. P. 10(a) (noting that the title of
the complaint “must name all the parties”);
Myles v. United States, 416 F.3d 551, 551-52 (7th
Cir. 2005) (defendant must be “specif[ied] in the
will have an opportunity to re-plead his claims in an amended
complaint, if he wishes to proceed with this action. Section
1983 creates a cause of action based on personal liability
and predicated upon fault; thus, “to be liable under
[Section] 1983, an individual defendant must have caused or
participated in a constitutional deprivation.”
Pepper v. Vill. of Oak Park, 430 F.3d 809, 810 (7th
Cir. 2005). Therefore, when preparing the amended complaint,
Plaintiff should identify particular defendants in the case
caption and statement of claim who acted or failed to act in
a way that caused a deprivation of his constitutional rights.
Further, to avoid dismissal of this action with prejudice,
Plaintiff must also follow the instructions and deadlines in
the disposition below. See Fed. R. Civ. P. 41.
for Recruitment of Counsel
has also filed a Motion for Recruitment of Counsel (Doc. 4)
which is DENIED.Plaintiff does not provide
any information regarding attempts to recruit counsel on his
own and only states that he is incarcerated and cannot afford
an attorney. (Id. at p.1). Because he has not made
this showing, the Court finds that Plaintiff has not made a
reasonable attempt to find counsel. Should Plaintiff choose
to move for recruitment of counsel at a later date, the Court
directs Plaintiff to: (1) contact at least three attorneys
regarding representation in this case prior to filing another
motion; (2) include in the motion the names and address of at
least three attorneys he has contacted; and (3) if available,
attach the letters from the attorneys who declined
IS HEREBY ORDERED that the Motion for Recruitment of
Counsel (Doc. 4) is DENIED without
IS FURTHER ORDERED that, for the reasons stated, the
Complaint is DISMISSED without prejudice
pursuant to §1915A. Plaintiff is
GRANTED leave to file a “First Amended
Complaint” on or before December 3,
2019. Should Plaintiff fail to file a 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 his claims.
Fed.R.Civ.P. 41(b); Ladien v. Astrachan, 128 F.3d
1051 (7th Cir. 1997); Johnson v. Kamminga, 34 F.3d
466 (7th Cir. 1994); 28 U.S.C. § 1915(e)(2). The
dismissal shall also count as one of Plaintiff's three
allotted “strikes” under 28 U.S.C. §
strongly recommended that Plaintiff use the civil rights
complaint form designed for use in this District. He should
label the form, “First Amended Complaint, ” and
he should use the case number for this action (No.
19-cv-01073-SMY). To enable Plaintiff to comply with this
Order, the CLERK is
DIRECTED to mail Plaintiff a blank civil
rights complaint form.
amended complaint generally supersedes and replaces the
original complaint, rendering the original complaint void.
See Flannery v. Recording Indus. Ass'n of Am.,
354 F.3d 632, 638 n. 1 (7th Cir. 2004). The First Amended
Complaint must stand on its own without reference to any
previous pleading. Plaintiff must re-file any exhibits he
wishes the ...