United States District Court, C.D. Illinois
MERIT REVIEW OPINION
MYERSCOUGH UNITED STATES DISTRICT JUDGE
proceeds pro se from his incarceration in Hill Correctional
Center. 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 Plaintiffs favor and taking
Plaintiffs 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 Dr. Sood refused to authorize surgery for
Plaintiffs two hernias for years, pursuant to a policy of
Wexford Health Sources, Inc., to permit surgery only for
life-threatening hernias. Plaintiff allegedly experienced
great pain walking, using stairs, and climbing to the top
bunk. He suffered blood in his bowel movements from
hemorrhoids and severe pain on urination and during bowel
movements. Dr. Sood's refusal continued until Dr. Sood
left to work at another prison in July 2016. Plaintiff does
not say whether he has yet had the surgery. IT IS
Pursuant to its merit review of the Complaint under 28 U.S.C.
§ 1915A, the Court finds that Plaintiff states an Eighth
Amendment claim against Dr. Sood and Wexford Health Sources,
Inc., for deliberate indifference to Plaintiffs 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.
Plaintiffs failure to notify the Court of a change in mailing
address or phone number will result in dismissal of this
lawsuit, with prejudice.
9) If a
Defendants fails to sign and return a waiver of service to
the clerk within 30 days after the waiver is sent, the Court
will take appropriate steps to effect formal service through
the U.S. Marshal's service on that Defendant and will
require that Defendant to pay the full costs of formal
service pursuant to Federal Rule of Civil Procedure 4(d)(2).
Within 10 days of receiving from Defendants' counsel an
authorization to release medical records, Plaintiff is
directed to sign and return the authorization to
Plaintiff has sent a letter to the Court which has
been filed as a motion for the Court to appoint pro bono
counsel. The motion is denied (d/e 7), with leave to
refile, setting forth how far Plaintiff has gone in school,
any jobs he has held inside and outside of prison, ...