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Matthew Kimmel, No. B-88117 v. Jackson County

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


January 19, 2012

MATTHEW KIMMEL, NO. B-88117, PLAINTIFF,
v.
JACKSON COUNTY, ILLINOIS, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Reagan, District Judge:

MEMORANDUM AND ORDER

This matter comes before the Court for case management. On January 18, 2012, a relative of the Plaintiff appeared at the office of the Clerk of Court requesting that a summons be issued for each Defendant. In response to this request, summons was issued as to Defendants Jackson County, Illinois, Robert Burns, Lieutenant Whitbeck, Officer Hoffman, Sergeant Bludworth, Officer Morber, and Nurse Gail (Doc. 7). However, it has come to the Court's attention that the above summonses were issued in error, because the Court has not yet completed the required preliminary review of Plaintiff's complaint.

According to 28 U.S.C. § 1915A:

(a) Screening.-- The court shall review . . . as soon as practicable after docketing, a complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity.

(b) Grounds for Dismissal.-- On review, the court shall identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint--

(1) is frivolous, malicious, or fails to state a claim on which relief may be granted; or

(2) seeks monetary relief from a defendant who is immune from such relief.

Service on the Defendants in a case filed by a prisoner shall not be ordered until the Court determines that the claims in the complaint survive preliminary screening under § 1915A.

IT IS THEREFORE ORDERED that the summonses issued on January 18, 2012, to Defendants JACKSON COUNTY, ILLINOIS, BURNS, WHITBECK, HOFFMAN, BLUDWORTH, MORBER, and GAIL, are STRICKEN. After completion of the Court's preliminary review pursuant to § 1915A, service shall be ordered on any remaining Defendants. No answer or other response shall be required from any Defendant until further order of this Court.

The Clerk is DIRECTED to forward a copy of this Memorandum and Order to each of the Defendants at the addresses provided by Plaintiff.

IT IS SO ORDERED.

Michael J. Reagan U.S. District Judge

20120119

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