United States District Court, C.D. Illinois
MERIT REVIEW OPINION
MYERSCOUGH UNITED STATES DISTRICT JUDGE.
proceeds pro se from his incarceration in the Danville
Correctional Center. His amended complaint, filed as an
attachment to his “motion to file complete 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
(7thCir. 2013)(quoted cite omitted).
alleges that, on May 31, 2016, he was taking a shower in the
orientation housing unit at Hill Correctional Center when the
water suddenly became scalding hot, causing him excruciating
pain and burns that later blistered. Officer Livingston
allegedly refused Plaintiff's pleas to go to the health
care unit for treatment, leaving Plaintiff to suffer severe
pain for days. On June 2, 2016, Plaintiff saw a health care
provider who documented Plaintiff's burns and instructed
an officer to place a work order to fix the showers. The
health care provider sent Plaintiff to the health care unit,
but Dr. Sood failed to give Plaintiff any pain medication or
burn cream to relieve Plaintiff's pain. Plaintiff does
not name Dr. Sood as a Defendant.
lists three counts in his amended complaint: deliberate
indifference to serious medical needs; failure to protect
from a substantial risk of serious harm; and a supplemental
state law claim for the intentional infliction of emotional
distress. At this point, the Court cannot rule out these
claims, though how the Warden and Chief Engineer were
involved in the lack of medical attention is not stated.
Additionally, proving a claim for the intentional infliction
of emotional distress is a high burden. Feltmeier v.
Feltmeier, 207 Ill.2d 263, 268-69 (2003)(Defendants must
engage in "truly extreme and outrageous conduct, "
know that extreme distress was highly probable, and the
plaintiff must have actually suffered extreme distress).
However, these determinations are premature.
Plaintiff's motion for leave to file a complete complaint
is granted (d/e 7). The clerk is directed to docket the
complaint filed as an attachment to that motion as
Plaintiff's amended complaint.
Pursuant to its merit review of the Complaint under 28 U.S.C.
§ 1915A, this case proceeds on the claims as listed in
Plaintiff's amended complaint. 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 ...