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17-3002 - Wade v. Tecumseh State Correctional Institution


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17-3002 - Wade v. Tecumseh State Correctional Institution
January 17, 2017
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MEMORANDUM AND ORDER - Plaintiff's Motion for Leave to Proceed IFP (Filing No. 2) is granted. Plaintiff must pay an initial partial filing fee of $20.39 within 30 days, unless the court extends the time in which he has to pay in response to a written motion. After payment of the initial partial filing fee, Plaintiff's institution must collect the additional monthly payments in the manner set forth in 28 U.S.C. § 1915(b)(2), quoted above, and forward those payments to the court. The clerk's office is directed to send a copy of this order to the appropriate official at Plaintiff's institution. The clerk's office is directed to set a pro se case management deadline in this case using the following text: February 16, 2017: initial partial filing fee payment due. Plaintiff is advised that, following payment of the initial partial filing fee, the next step in Plaintiff's case will be for the court to conduct an initial review of Plaintiff's claims to determine whether summary dismissal is appropriate under 28 U.S.C. § 1915(e)(2). The court will conduct this initial review in its normal course of business. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party and Plaintiff's institution) (KLF)
March 22, 2017
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MEMORANDUM AND ORDER - Plaintiff's claims for monetary relief against TSCI are dismissed as barred by the Eleventh Amendment. Plaintiff shall file an amended complaint by April 21, 2017, that states a claim upon which relief may be granted. Failure to file an amended complaint within the time specified by the court will result in the court dismissing this case without further notice to Plaintiff. Plaintiff is warned that an amended complaint will supersede, not supplement, his Complaint. The clerk of the court is directed to send a "Complaint for Violation of Civil Rights (Prisoner)" to Plaintiff with a copy of this Memorandum and Order. The clerk of the court is directed to set a pro se case management deadline using the following text: April 21, 2017, check for amended complaint. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party along with complaint form) (KLF)
April 17, 2017
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mailed to pro se party) (KLF)MEMORANDUM AND ORDER - Plaintiff shall file an amended complaint that states a claim upon which relief may be granted no later than July 20, 2017. Failure to file an amended complaint within the time specified by the court will result in the court dismissing this case without further notice to Plaintiff. The clerk of the court is directed to set a pro se case management deadline using the following text: July 20, 2017, check for amended complaint. Ordered by Senior Judge Richard G. Kopf. (Copy
August 8, 2017
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MEMORANDUM AND ORDER - Because the court has already granted Plaintiff 120 days to file an amended complaint, Plaintiff shall file a second amended complaint no later than August 22, 2017, correcting the aforementioned deficiencies. Failure to file a second amended complaint within the time specified by the court will result in the court dismissing this case without further notice to Plaintiff. In his second amended complaint, Plaintiff must identify the John Does present with CM Barker before his claims against them can proceed to service of process, or he must identify the reasonable steps he took to identify them. Failure to do so will result in dismissal of the claims against the John Does without prejudice and without further notice. Plaintiff's claims for monetary damages against John and Jane Does in their official capacities are dismissed as barred by the Eleventh Amendment. Plaintiff's Eighth Amendment deliberate indifference claims for monetary damages against John and Jane Does, not identified as CM Barker or the John Does present with her before medical personnel arrived, are dismissed with prejudice for failure to state a claim upon which relief may be granted. To the extent Plaintiff attempts to allege a failure-to-train claim against TSCI, it too is dismissed with prejudice for failure to state a claim. The clerk of the court is directed to set a pro se case management deadline using the following text: August 22, 2017: check for second amended complaint. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
September 13, 2017
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ichard G. Kopf. (Copy mailed to pro se party) (KLF)MEMORANDUM AND ORDER - This matter is dismissed without prejudice because Plaintiff failed to prosecute it diligently and failed to comply with this court's orders. The court will enter judgment by a separate document. Ordered by Senior Judge R