United States District Court, C.D. Illinois
MERIT REVIEW OPINION
MYERSCOUGH, U.S. District Judge.
September 28, 2016, Plaintiff filed a complaint and a motion
for preliminary injunction, seeking immediate care for his
skin condition, which has been diagnosed as prurigo
nodularis. Shortly thereafter, Plaintiff was taken to an
outside dermatologist, who prescribed some cream, ointment,
and Doxepin. Plaintiff reported to the Court that these
medicines were helping. He agreed to dismiss his case,
subject to moving to reopen by June 1, 2017. Catlin v.
Wexford Health Sources, Inc., 16-cv-3271 (C.D. Ill.)
February 24, 2017, Plaintiff filed a motion for leave to file
an amended complaint in case 16-cv-3271. The Court denied
that motion as untimely but opened this new case with
Plaintiff's amended complaint.
appears to be seeking damages based on similar allegations in
his prior case. He asserts that he is not seeking emergency
relief, has now exhausted his administrative remedies, and
seeks damages and an order directing that any future
appointments with the dermatologist be honored. Plaintiff
does, however, mention needing emergency relief for his
worsening skin condition, but then the front page of his
pleading states that “this complaint is for pain and
suffering and should not be taken as an emergency.”
Accordingly, the Court will not construe Plaintiff's
amended complaint as a motion for preliminary injunction.
allegations state a plausible Eighth Amendment claim for past
and possibly present deliberate indifference to his serious
medical needs. Accordingly, this case will proceed for
service pursuant to the standard procedures.
IS THEREFORE ORDERED:
Pursuant to its merit review of the Complaint under 28 U.S.C.
§ 1915A, the Court finds that Plaintiff states an Eighth
Amendment claim for deliberate indifference to his serious
medical needs. 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.
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 ...