Summary
The United States District Court for the Central District of Illinois grants John Wagner leave to amend but denies his request for appointed counsel and motions for preliminary injunctive relief. Following merit review under 28 U.S.C. § 1915A, the court dismisses the amended complaint for misjoinder of unrelated claims and allows 28 days to file a compliant amended complaint. The court also finds the requested injunctive relief moot because Wagner is no longer housed at Hill Correctional Center.
Holdings
- The amended complaint was improperly joined because it combined unrelated claims against unrelated defendants that did not arise from the same transaction, occurrence, or series of related transactions.
- The motion for appointment of counsel was denied because Plaintiff did not demonstrate a reasonable attempt to obtain counsel for this specific lawsuit; he could renew the motion after making such an effort.
- The motions for preliminary injunction were denied because Plaintiff had not established entitlement to extraordinary relief and, in any event, his request for relief concerning Hill Correctional Center was moot after his transfer to Lawrence Correctional Center.
Questions Presented
- Whether Plaintiff's claims against numerous defendants concerning retaliation, medical care, failure to protect, and mental-health treatment were properly joined in one prisoner complaint.
- Whether Plaintiff was entitled to appointment of counsel when he had not shown a reasonable effort to obtain counsel for this specific lawsuit.
- Whether Plaintiff was entitled to preliminary injunctive relief requiring medical treatment, including whether his transfer from Hill Correctional Center made the request moot.
Disposition
other
Cases Cited (13)
- Pruitt v. Mote, 503 F.3d 647, 655 (7th Cir. 2007)(followed)
- Turley v. Rednour, 729 F.3d 645, 649 (7th Cir. 2013)(followed)
- Alexander v. United States, 721 F.3d 418, 422 (7th Cir. 2013)(followed)
- Mitchell v. Kallas, 895 F.3d 492, 502-03 (7th Cir. 2018)(followed)
- Wheeler v. Wexford Health Sources, Inc., 689 F.3d 680, 683 (7th Cir. 2012)(followed)
- Owens v. Godinez, 860 F.3d 434, 436 (7th Cir. 2017)(followed)
- Morris v. Kulhan, 745 F. App'x 648, 649 (7th Cir. 2018)(distinguished)
- Mazurek v. Armstrong, 520 U.S. 968, 972 (1997)(followed)
- Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7, 24 (2008)(followed)
- Foodcomm International v. Barry, 328 F.3d 300, 303 (7th Cir. 2003)(followed)
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Cited In (0)
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Court Document
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