Wiggins v. Baldwin, 17-cv-583-DRH-DGW. (2018)
Court: District Court, S.D. Illinois
Number: infdco20180213764
Visitors: 12
Filed: Feb. 12, 2018
Latest Update: Feb. 12, 2018
Summary: ORDER DAVID R. HERNDON , District Judge . Pending before the Court are Plaintiff Malcolm Wiggins' Motion for Leave to File Supplemental Petition (Doc. 89), Motion for Leave to Proceed in Forma Pauperis (Doc. 90), Motion for Appointment of Counsel (Doc. 91) and Motion for Temporary Restraining Order (Doc. 92). The Court has reviewed the Motion for Leave to File Supplemental Petition and finds it raises unrelated legal claims against new defendants. Despite being titled as a "supplemental p
Summary: ORDER DAVID R. HERNDON , District Judge . Pending before the Court are Plaintiff Malcolm Wiggins' Motion for Leave to File Supplemental Petition (Doc. 89), Motion for Leave to Proceed in Forma Pauperis (Doc. 90), Motion for Appointment of Counsel (Doc. 91) and Motion for Temporary Restraining Order (Doc. 92). The Court has reviewed the Motion for Leave to File Supplemental Petition and finds it raises unrelated legal claims against new defendants. Despite being titled as a "supplemental pe..
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ORDER
DAVID R. HERNDON, District Judge.
Pending before the Court are Plaintiff Malcolm Wiggins' Motion for Leave to File Supplemental Petition (Doc. 89), Motion for Leave to Proceed in Forma Pauperis (Doc. 90), Motion for Appointment of Counsel (Doc. 91) and Motion for Temporary Restraining Order (Doc. 92).
The Court has reviewed the Motion for Leave to File Supplemental Petition and finds it raises unrelated legal claims against new defendants. Despite being titled as a "supplemental petition," after a full review of the documents the Court construes that Wiggins likely intended to file a new cause of action.
Therefore, the Court ORDERS that the claim raised in plaintiff's Motion to File Supplemental Petition (Doc. 89) and Docs. 90, 91 and 92, be severed and filed in a new case bearing a new case number. George v. Smith, 507 F.3d 605 (7th Cir. 2007); FED. R. CIV. P. 21.
IT IS SO ORDERED.
Source: Leagle
