United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
MICHAEL J. REAGAN, DISTRICT JUDGE UNITED STATES DISTRICT
an inmate at Menard Correctional Center, brings this action
for deprivations of his constitutional rights pursuant to 42
U.S.C. § 1983. Plaintiff originally brought his claim as
part of No. 18-cv-1064-DRH-RJD, filed on May 4, 2018. On June
7, 2018, the Court determined that Plaintiff had stated a
viable Eighth Amendment deliberate indifference claim based
on the medical treatment Plaintiff received and/or failed to
receive for his broken left ring finger and aggravated neck
injury between July 29, 2017 and March 30, 2018. (Doc. 1, pp.
17-21). However, the Court further determined that the claim
was improperly joined, and severed it into this action. (Doc.
1, pp. 29-30). Accordingly, this case was opened on June 7,
2018. As the Court has already reviewed the merits of the
claim pursuant to 28 U.S.C. § 1915A, there is nothing
left to do but order service pursuant to Fed.R.Civ.P. 4(c)(3)
and refer the case to a Magistrate Judge. The Magistrate
Judge assigned to this case is directed to promptly review
the preliminary injunction pending at Doc. 7.
IS ORDERED that the Clerk of Court shall prepare for
Defendants Wexford Health Sources, Furlow, Mulholland, Gross,
Allsup, Siddiqui, McClure, Mears, Maue, Shaw, Moldenhauer,
Lashbrook, Short, Jones, Waller, and Holdener: (1) Form 5
(Notice of a Lawsuit and Request to Waive Service of a
Summons), and (2) Form 6 (Waiver of Service of Summons). The
Clerk is DIRECTED to mail these forms, a
copy of the complaint, and this Memorandum and Order to each
Defendant's place of employment as identified by
Plaintiff. If a Defendant fails to sign and return the Waiver
of Service of Summons (Form 6) to the Clerk within 30 days
from the date the forms were sent, the Clerk shall take
appropriate steps to effect formal service on that Defendant,
and the Court will require that Defendant to pay the full
costs of formal service, to the extent authorized by the
Federal Rules of Civil Procedure.
shall not be made on the Unknown (John Doe) Defendants until
such time as Plaintiff has identified them by name in a
properly filed amended complaint. Plaintiff is
ADVISED that it is Plaintiff's
responsibility to provide the Court with the names and
service addresses for these individuals.
IS FURTHER ORDERED that, with respect to a Defendant
who no longer can be found at the work address provided by
Plaintiff, the employer shall furnish the Clerk with the
Defendant's current work address, or, if not known, the
Defendant's last-known address. This information shall be
used only for sending the forms as directed above or for
formally effecting service. Any documentation of the address
shall be retained only by the Clerk. Address information
shall not be maintained in the court file or disclosed by the
are ORDERED to timely file an appropriate
responsive pleading to the complaint and shall not waive
filing a reply pursuant to 42 U.S.C. § 1997e(g).
to Local Rule 72.1(a)(2), this action is
REFERRED to United States Magistrate Judge
Stephen C. Williams for further pre-trial proceedings.
this entire matter is REFERRED to United
States Magistrate Judge Stephen C. Williams for disposition,
as contemplated by Local Rule 72.2(b)(3) and 28 U.S.C. §
636(c), should all the parties consent to such a
IS FURTHER ORDERED that if judgment is rendered
against Plaintiff, and the judgment includes the payment of
costs under Section 1915, Plaintiff will be required to pay
the full amount of the costs, notwithstanding that his
application to proceed in forma pauperis has been
granted. See 28 U.S.C. § 1915(f)(2)(A).
is ADVISED that at the time application was
made under 28 U.S.C. § 1915 for leave to commence this
civil action without being required to prepay fees and costs
or give security for the same, the applicant and his or her
attorney were deemed to have entered into a stipulation that
the recovery, if any, secured in the action shall be paid to
the Clerk of the Court, who shall pay therefrom all unpaid
costs taxed against plaintiff and remit the balance to
plaintiff. Local Rule 3.1(c)(1)
Plaintiff is ADVISED that he is under a
continuing obligation to keep the Clerk of Court and each
opposing party informed of any change in his address; the
Court will not independently investigate his whereabouts.
This shall be done in writing and not later than 7
days after a transfer or other change in address
occurs. Failure to comply with this order will cause a delay
in the transmission of court documents and may result in
dismissal of this action for want of prosecution.
See Fed. R. Civ. P. 41(b).