Woods v. Mans et al
Filing
15
MERIT REVIEW OPINION entered by Judge Joe Billy McDade on 10/9/14. Rule 16 Deadline 12/8/2014. (SEE FULL WRITTEN ORDER ATTACHED). (VP, ilcd)
E-FILED
Thursday, 09 October, 2014 10:11:02 AM
Clerk, U.S. District Court, ILCD
14-1028 Woods v. Mans
MERIT REVIEW: The Court is required by 28 U.S.C.§1915A to “screen” Plaintiff’s Complaint,
and through such process to identify and dismiss any legally insufficient claim, or the entire
action if warranted. A claim is legally insufficient if it “(1) is frivolous, malicious, or fails to
state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant
who is immune from such relief.” 28 U.S.C. §1915A. Plaintiff files his complaint alleging Eighth
Amendment violations by Corrections Officer Mans and Lt. Hitchens. Plaintiff claims that on
11/20/13, Officer Mans used excessive and unjustifiable force against him. On that date the two
allegedly exchanged words at which time Mans shoved Plaintiff into his cell causing Plaintiff to
strike his head on the wall. Plaintiff claims that Mans repeatedly kicked him in the abdomen and
groin. Lt. Hitchens was called. Plaintiff asked Hitchens to allow him to be seen in the medical
unit. Hitchens denied this request. Plaintiff claims that he urinated blood for 3 days and has
suffered such anxiety that he is unable to sleep and has been subject to bed wetting. Plaintiff
states a claim, at this juncture for excessive force on the part of Mans and deliberate indifference
to a serious medical need on the part of Hitchens and, perhaps, Mans. This case shall proceed
solely on the federal claim(s) identified herein. Any claims not identified will not be included in
the case, except in the Court's discretion upon motion by a party for good cause shown, or by
leave of court pursuant to Federal Rule of Civil Procedure 15. The Clerk is directed to send to
each Defendant pursuant to this District's internal procedures: 1) a Notice of Lawsuit and
Request for Waiver of Service; 2) a Waiver of Service; 3) a copy of the Complaint; and 4) a copy
of this Order. If 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 on that
Defendant and will require that Defendant pay the full costs of formal service pursuant to
Federal Rule of Civil Procedure 4(d)(2). If a Defendant no longer works at the address provided
by Plaintiff, the entity for which Defendant worked at the time identified in the Complaint shall
provide to the Clerk Defendant's current work address, or, if not known, Defendant's forwarding
address. This information will be used only for purposes of effecting service. Documentation of
forwarding addresses will be maintained only by the Clerk and shall not be maintained in the
public docket nor disclosed by the Clerk. Defendants shall file an answer within the prescribed
by Local Rule. A Motion to Dismiss is not an answer. The answer it to include all defenses
appropriate under the Federal Rules. The answer and subsequent pleadings are to address the
issues and claims identified in this Order. Plaintiff shall serve upon any Defendant who has been
served, but who is not represented by counsel, a copy of every filing submitted by Plaintiff for
consideration by the Court, and shall also file a certificate of service stating the date on which the
copy was mailed. Any paper received by a District Judge or Magistrate Judge that has not been
filed with the Clerk or that fails to include a required certificate of service will be stricken by the
Court. Once counsel has appeared for a Defendant, Plaintiff need not send copies of filings to
that Defendant or to that Defendant's counsel. Instead, the Clerk will file Plaintiff's document
electronically and send notice of electronic filing to defense counsel. The notice of electronic
filing shall constitute notice to Defendant pursuant to Local Rule 5.3. If electronic service on
Defendants is not available, Plaintiff will be notified and instructed accordingly. Counsel for
Defendants is hereby granted leave to depose Plaintiff at Plaintiff's place of confinement.
Counsel for Defendants shall arrange the time for the depositions. Plaintiff shall immediately
notice the Court of any change in mailing address or phone number. The Clerk is directed to set
an internal court deadline 60 days from the entry of this Order for the Court to check on the
status of service and enter scheduling deadlines.
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