Wagner v. Comparin et al

3:25-cv-00717Ilsd2 dic 2025

Testo completo

1
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JOHN ALEXANDER WAGNER, #Y27431, 	)
)
Plaintiff, 	)
)
vs. 	) 	Case No. 25-cv-00717-SMY
)
ROBERT COMPARIN, 	)
MICHAEL MOLDENHAUER, and 	)
JILIAN CRANE, 	)
)
Defendants. 	)
MEMORANDUM AND ORDER
YANDLE, District Judge:
This matter is before the Court on Plaintiff John Alexander Wagner’s Motion for Leave to
File Amended Complaint (Doc. 54) and Motion for Supplemental Complaint (Doc. 59).
Defendants have not responded to the motions. Plaintiff seeks leave to amend the Complaint to
add several defendants; dismiss one improperly named defendant (Jilian Crane) and replace her
with Angela Crain (Health Care Unit Administrator); and identify the dismissed John Doe
Defendant1 as Menard Lt. Curran (Doc. 54).
The statement of claim in the proposed amended complaint spans 32 pages (Doc. 54-1, pp.
4-38). That length alone runs afoul of Federal Rule of Civil Procedure 8(a)(2), which requires “a
short and plain statement of the claim showing that the pleader is entitled to relief” (emphasis
added). Additionally, Rule 8(d)(1) requires: “Each allegation must be simple, concise, and direct.”
The proposed pleading also ignores the Court’s direction that piecemeal amendments are not
accepted (Doc. 41, p. 3). On multiple pages, Plaintiff states that he “realleges and reincorporates
1 The John Doe Defendant was dismissed in the Court’s May 14, 2025 Order (Doc. 10).
Case 3:25-cv-00717-SMY Document 66 Filed 12/02/25 Page 1 of 2 Page ID
#<pageID>
2
his original Complaint as if fully restated” (Doc. 54-1, pp. 13, 15, 24-25, 27, 29-31, 34-38). Such
incorporation by reference is not permitted and fails to comply with Rule 8 requirements. Finally,
Plaintiff did not underline the new material in his proposed pleading as directed (See Doc. 41, p.
3).
For the foregoing reasons, the Motion for Leave to File Amended Complaint (Doc. 54) is
DENIED in part insofar as the proposed amended pleading will not be filed. 	However, to the
extent the motion as seeks to substitute Angela Crain in place of Jilian Crane, the motion is
GRANTED in part to effectuate that substitution. Defendant Jilian Crane is DISMISSED from
the action without prejudice. The Clerk is DIRECTED to TERMINATE Jilian Crane as a party
and ADD Angela Crain (Health Care Unit Administrator) as a defendant in her place. The Clerk
is FURTHER DIRECTED to serve Angela Crain according to the instructions in Doc. 10 and
shall include a copy of this Order.
The Motion for Supplemental Complaint, which consists only of 62 pages of exhibits (Doc.
59), is DENIED. Plaintiff may include relevant exhibits when responding to Defendants’ motions.
IT IS SO ORDERED.
DATED: December 2, 2025
s/ Staci M. Yandle_____
STACI M. YANDLE
United States District Judge
Case 3:25-cv-00717-SMY Document 66 Filed 12/02/25 Page 2 of 2 Page ID
#<pageID>

Continua la tua ricerca in ChatGPT o Claude

Collega Omnilex per cercare nel corpus legale dal tuo assistente IA.