Crandle v. Gossett et al
Filing
6
MERIT REVIEW OPINION: Plaintiff's in forma pauperis petition is granted 3 . By November 14, 2016, Plaintiff is directed to file addresses for Defendants Davey and Ruffin. Failure to do so may result in the dismissal of Davey and Ruffin without prejudice. By November 21, 2016, Plaintiff is directed to file an amended petition to proceed in forma pauperis setting forth all his assets, debts, income, and liabilities. Failure to do so may result in the revocation of Plaintiff's in forma pauperis status. The clerk is directed to send Plaintiff an in forma pauperis petition for non-prisoners. The clerk is directed to send waivers of service to Defendants Gossett, Pardieck, and Davey, along with a copy of the complaint. (SEE WRITTEN OPINION) (Rule 16 Deadline 1/3/2017). Entered by Judge Sue E. Myerscough on 11/2/2016. (GL, ilcd)
E-FILED
Wednesday, 02 November, 2016 09:03:39 AM
Clerk, U.S. District Court, ILCD
UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS
LAWRENCE M. CRANDLE,
Plaintiff,
v.
WARDEN GREG GOSSETT,
et al.,
Defendants.
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16-CV-1416
MERIT REVIEW OPINION
SUE E. MYERSCOUGH, U.S. DISTRICT JUDGE.
Plaintiff filed this case pro se after his release from prison. His
Complaint is not subject to a merit review under 28 U.S.C. § 1915A
because he did not file this case as a prisoner. However, Plaintiff
does seek leave to proceed in forma pauperis. The Court grants
leave to proceed in forma pauperis only if the allegations state
federal claims. Accordingly, the Court performs a similar review of
the Complaint as the Court would under the merit review
procedures.
Plaintiff alleges that Defendants conspired to keep him in
prison beyond his mandatory supervised release date by providing
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false reasons for refusing his release and by failing to give him
notice of parole board hearings.
At this point, the Court cannot rule out a possible Eighth
Amendment claim that Defendants were deliberately indifferent to
Plaintiff being kept in prison past his release date. The Court also
cannot rule out a possible procedural due process claim regarding
the parole review board hearing or hearings.
Service will be attempted on Defendants. However, Plaintiff
must provide addresses for Defendant Ruffin and Defendant Davey
so they can be served.
IT IS THEREFORE ORDERED:
1)
Plaintiff’s in forma pauperis petition is granted (3).
Plaintiff states the following constitutional claims: Eighth
Amendment claim for incarceration past his release date; and,
Fourteenth Amendment claim for procedural due process violations
in hearings before the parole review board. 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.
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2)
By November 14, 2016, Plaintiff is directed to file
addresses for Defendants Davey and Ruffin. Failure to do so
may result in the dismissal of Davey and Ruffin without
prejudice.
3)
By November 21, 2016, Plaintiff is directed to file an
amended petition to proceed in forma pauperis setting forth all
his assets, debts, income, and liabilities. Failure to do so may
result in the revocation of Plaintiff’s in forma pauperis status.
4)
This 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.
5)
Plaintiff’s motion for the Court to try to recruit pro bono
counsel to represent him is denied (18), with leave to renew after
Plaintiff demonstrates that he has made reasonable efforts to find
counsel on his own. Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir.
2007). This typically requires writing to several lawyers and
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attaching the responses. If Plaintiff renews his motion, he should
set forth how far he has gone in school, any jobs he has held inside
and outside of prison, any classes he has taken in prison, and any
prior litigation experience he has.
6)
The Court will attempt service on Defendants by mailing
each Defendant a waiver of service at the address listed by Plaintiff.
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.
7)
With 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 the Clerk.
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8)
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.
9)
Plaintiff shall immediately notify the Court, in writing, of
any change in his mailing address and telephone number.
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.
10)
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).
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11)
Within 10 days of receiving from Defendants' counsel an
authorization to release medical records, Plaintiff is directed to sign
and return the authorization to Defendants' counsel.
12)
The clerk is directed to send Plaintiff an in forma
pauperis petition for non-prisoners.
13)
The clerk is directed to send waivers of service to
Defendants Gossett, Pardieck, and Davey, along with a copy of
the complaint.
ENTERED: November 2, 2016
FOR THE COURT:
s/Sue E. Myerscough
SUE E. MYERSCOUGH
UNITED STATES DISTRICT JUDGE
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