United States District Court, C.D. Illinois
ORDER REOPENING CASE
A. BAKER UNITED STATES DISTRICT JUDGE.
Merit Review Opinion (#21), the Court dismissed
plaintiff's complaint pursuant to 28 U.S.C. § 1915A.
Plaintiff appealed and the Seventh Circuit remanded the case
for further proceedings on plaintiff's claim that
“defendants denied him constitutionally adequate care
for his mental health when they denied his requests for a
single-occupancy cell.” Winston v. Scott, 718
Fed.Appx. 438, 439 (7th Cir. 2018). The Seventh Circuit held
that the Court properly dismissed plaintiff's due process
allegations in plaintiff's complaint related to his claim
that Rushville officials failed to provide adequate mental
health treatment are found in “Cause of Action 3”
and plaintiff's names therein defendants Sheldon, Dobier,
Moody, Houzenga, and “current rooming committee”
as the parties responsible for the alleged denial of his
constitutional rights. See (#1-1) at 5-10.
Therefore, this case shall proceed against these defendants
Pursuant to the Mandate issued by the Seventh Circuit Court
of Appeals, the clerk is directed to reopen this case.
case shall proceed on plaintiff's Fourteenth Amendment
claim that defendants Sheldon, Dobier, Moody, Houzenga, and
the unidentified members of the rooming committee failed to
provide constitutionally adequate mental health treatment.
The Court will convert “rooming committee staff”
to a John Doe defendant. 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. The plaintiff is
advised to wait until counsel has appeared for the defendants
before filing any motions, in order to give the 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. The
plaintiff need not submit any evidence to the court at this
time, unless otherwise directed by the court.
court will attempt service on the defendants by mailing each
defendant a waiver of service. The defendants have 60 days
from the date the waiver is sent to file an answer. If the
defendants have not filed answers or appeared through counsel
within 90 days of the entry of this order, the plaintiff may
file a motion requesting the status of service. After the
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 the 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 the defendants' positions.
The court does not rule on the merits of those positions
unless and until a motion is filed by the defendants.
Therefore, no response to the answer is necessary or will be
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 the plaintiff with the clerk. The
plaintiff does not need to mail to defense counsel copies of
motions and other papers that the 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. The 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 the defendants is hereby granted leave to depose
the plaintiff at his place of confinement. Counsel for the
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. The
plaintiff's failure to notify the court of a change in
mailing address or phone number will result in dismissal of
this lawsuit, with prejudice.
a defendant 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. Marshals service on that defendant and will require
that defendant to pay the ...