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15-1887 - ANDERSON v. LEMMON et al


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15-1887 - ANDERSON v. LEMMON et al
June 10, 2016
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Entry Discussing Complaint and Directing Further Proceedings - Based on the foregoing screening, the following claims are dismissed. Anderson's claims against Bruce Lemmon, the Commissioner of the IDOC, Dushan Zatecky, the Superintendent of the Pendleton Correctional Facility, and Gerard Spears must be dismissed because such claims are based solely on these defendants' supervisory roles. Anderson further alleges that Peckham is responsible for the infestation of his cell. But his claims regarding the infestation of his cell are currently proceeding in another case, Anderson v. Stanley, et al., No. 1:15-cv-1634-SEB-DML. Anderson shall have through July 15, 2016, to show cause why this claim against Peckham should not be dismissed as duplicative of that lawsuit. Otherwise, this claim against Peckham will be dismissed. Defendants Bruce Lemmon, Dushan Zatecky, Gerard Spears, M. Colstock, S. Conlon, and Officer Stowart shall be terminated on the docket. No partial final judgment shall issue as to dismissal of these claims. The clerk is designated pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to defendant Wallace in the manner specified by Rule 4(d). Process shall consist of the complaint, applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Entry. The plaintiff shall have through July 15, 2016, in which to notify the Court whether he wishes the Court to sever any claim(s) into new actions, and if so, he shall identify which claims against which defendants. If the plaintiff fails to so notify the Court, the misjoined claim will be considered abandoned and will be dismissed without prejudice. (See order for further information). Copies to Plaintiff and Defendant Wallace via U.S. Mail. Signed by Judge Tanya Walton Pratt on 6/10/2016.(JLS)
February 2, 2017
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ENTRY DISCUSSING MOTION FOR SUMMARY JUDGMENT - For the foregoing reasons, Wallace's motion for summary judgment [dkt 47] is granted. Judgment dismissing this action without prejudice shall now issue. (See Entry.) Copy to Plaintiff via U.S. Mail. Signed by Judge Tanya Walton Pratt on 2/2/2017. (JLS)