United States District Court, S.D. Illinois
MEMORANDUM AND ORDER
J. ROSENSTENGEL CHIEF U.S. DISTRICT JUDGE
Logan Dyjak is in the custody of the Illinois Department of
Human Services; he is currently housed at the McFarland
Mental Health Center in Springfield, Illinois. He was
adjudicated not guilty by reason of insanity
(“NGRI”); thus, he is not a prisoner within the
meaning of 28 U.S.C. § 1915(h). See Dyjak v.
Harper, No. 18-cv-01011-NJR (Doc. 33, p. 3; Doc. 42, p.
2). See also Banks v. Thomas, No. Civ. 11-301-GPM,
2011 WL 1750065 (collecting cases) (persons adjudicated NGRI
are not prisoners under 28 U.S.C. § 1915).
Court previously consolidated Plaintiff's case with two
other cases: Nos. 18-cv-2049 and 18-cv-2050. (Doc. 15). The
Court also granted Plaintiff's motion for leave to
proceed in forma pauperis (Doc. 16) and appointed
counsel (Doc. 17); counsel was directed to file a Second
Amended Complaint. Counsel has now filed a Second Amended
Consolidated Complaint setting forth two claims: a First and
Fourteenth Amendment Retaliation Claim (Count 1) and a
Fourteenth Amendment Due Process Claim (Count 2). Both claims
are against Defendants Tonya Piephoff, Rod Hoevet, Jennifer
Gerling, Sarah Johnson, Dr. Gavali, Sarah Brown-Foiles, and
Mary Holloway. Having reviewed the allegations in the Second
Amended Complaint, the Court finds that Plaintiff adequately
sets forth claims against these defendants.
Counts 1 and 2 shall proceed against Tonya Piephoff,
Rod Hoevet, Jennifer Gerling, Sarah Johnson, Dr. Gavali,
Sarah Brown Foiles, and Mary
Clerk of Court shall prepare for Tonya Piephoff, Rod
Hoevet, Jennifer Gerling, Sarah Johnson, Dr. Gavali, Sarah
Brown Foiles, and Mary Holloway:
(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 pay the full costs
of formal service, to the extent authorized by the Federal
Rules of Civil Procedure.
Defendant cannot 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).
IS FURTHER ORDERED that this case be randomly
assigned to a United States Magistrate Judge for disposition
of non-dispositive pretrial matters and dispositive matters
on an R&R basis pursuant to 28 U.S.C. Sec. 636(b)(1)(A)
and (B). The assigned Magistrate Judge shall hold a
scheduling and discovery conference as soon as practicable to
facilitate the entry of appropriate scheduling and/or
IS FURTHER ORDERED that entire matter shall be
REFERRED to a United States Magistrate Judge
for disposition, pursuant to Local Rule 72.2(b)(3) and 28
U.S.C. § 636(c), if all parties consent to such a
referral 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, despite the fact that his application to proceed
in forma pauperis has been granted. See 28
U.S.C. § 1915(f)(2)(A).
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).