United States District Court, C.D. Illinois
MERIT REVIEW OPINION
MYERSCOUGH UNITED STATES DISTRICT JUDGE
filed this case pro se from Macon County Jail. His Complaint
is before the Court for a merit review pursuant to 28 U.S.C.
§ 1915A. This section requires the Court to identify
cognizable claims stated by the Complaint or dismiss claims
that are not cognizable. In reviewing the complaint, the Court
accepts the factual allegations as true, liberally construing
them in Plaintiff's favor and taking Plaintiff's pro
se status into account. Turley v. Rednour, 729 F.3d
645, 649 (7th Cir. 2013). However, conclusory
statements and labels are insufficient. Enough facts must be
provided to "'state a claim for relief that is
plausible on its face.'" Alexander v. U.S.,
721 F.3d 418, 422 (7th Cir. 2013)(quoted cite
alleges that he is in the Macon County Jail and has been
vomiting blood and losing weight since April 2016. The
medical staff has allegedly refused to attempt to determine
the cause or provide adequate treatment. Plaintiff also
alleges that $240.00 was wrongly deducted from his account
because Plaintiff shares the same name as another detainee.
states a Fourteenth Amendment due process claim for
deliberate indifference to his serious medical needs against
the medical professionals. His claim against Defendant West
about the improper account deductions is not properly joined
in this action because the deductions regard an occurrence
unrelated to Plaintiff's medical care. George v.
Smith, 507 F.3d 605, 607 (7th Cir.
2007)(“Unrelated claims against different defendants
belong in different suits . . .”). Further, no federal
claim would be stated arising from the deductions if
Plaintiff has adequate state law remedies to recover the
money. Parratt v. Taylor, 451 U.S. 527, 541 (1981).
IS THEREFORE ORDERED:
Pursuant to its merit review of the Complaint under 28 U.S.C.
§ 1915A, the Court finds that Plaintiff states
constitutional claim for deliberate indifferent to his
serious medical needs against the following Defendants: Dr.
Robert Barcco, Nurse Phyliss, Nurse Kendra, and Nurse Edna.
This case proceeds solely on the claims identified in this
paragraph. Any additional claims shall not be included in the
case, except at the Court's discretion on motion by a
party for good cause shown or pursuant to Federal Rule of
Civil Procedure 15.
Plaintiff's claim against Defendant West is dismissed
case is now in the process of service. Plaintiff is advised
to wait until counsel has appeared for Defendants before
filing any motions, in order to give Defendants notice and an
opportunity to respond to those motions. Motions filed before
Defendants' counsel has filed an appearance will
generally be denied as premature. Plaintiff need not submit
any evidence to the Court at this time, unless otherwise
directed by the Court.
Court will attempt service on Defendants by mailing each
Defendant a waiver of service. Defendants have 60 days from
the date the waiver is sent to file an Answer. If Defendants
have not filed Answers or appeared through counsel within 90
days of the entry of this order, Plaintiff may file a motion
requesting the status of service. After Defendants have been
served, the Court will enter an order setting discovery and
dispositive motion deadlines.
respect to a Defendant who no longer works at the address
provided by Plaintiff, the entity for whom that Defendant
worked while at that address shall provide to the Clerk said
Defendant's current work address, or, if not known, said
Defendant's forwarding address. This information shall be
used only for effectuating service. Documentation of
forwarding addresses shall be retained only by the Clerk and
shall not be maintained in the public docket nor disclosed by
Defendants shall file an answer within 60 days of the date
the waiver is sent by the Clerk. A motion to dismiss is not
an answer. The answer should include all defenses appropriate
under the Federal Rules. The answer and subsequent pleadings
shall be to the issues and claims stated in this Opinion. In
general, an answer sets forth Defendants' positions. The
Court does not rule on the merits of those positions unless
and until a motion is filed by Defendants. Therefore, no
response to the answer is necessary or will be considered.
District uses electronic filing, which means that, after
Defense counsel has filed an appearance, Defense counsel will
automatically receive electronic notice of any motion or
other paper filed by Plaintiff with the Clerk. Plaintiff does
not need to mail to Defense counsel copies of motions and
other papers that Plaintiff has filed with the Clerk.
However, this does not apply to discovery requests and
responses. Discovery requests and responses are not filed
with the Clerk. Plaintiff must mail his discovery requests
and responses directly to Defendants' counsel. Discovery
requests or responses sent to the Clerk will be returned
unfiled, unless they are attached to and the subject of a
motion to compel. Discovery does not begin until Defense
counsel has filed an appearance and the Court has entered a
scheduling order, which will explain the discovery process in
Counsel for Defendants is hereby granted leave to depose
Plaintiff at his place of confinement. Counsel for Defendants
shall arrange the time for the deposition.
Plaintiff shall immediately notify the Court, in writing, of
any change in his mailing address and telephone number.
Plaintiff's failure to notify the Court of a change in
mailing address or phone ...