Donelson v. Pfister et al

Filing 20

MERIT REVIEW OPINION Entered by Judge Harold A. Baker on 7/25/2018. See written Order. Pursuant to its merit review of the Complaint under 28U.S.C. § 1915A, the court finds that the plaintiff states a Fourteenth Amendment procedural due proce ss claim against Defendants Watson, Lindsey, D. Gish and Joyner. The clerk is directed to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. The clerk is directed to terminate Randy Pf ister, B. Gish, Michael Lemke, S. A. Godinez, Sarah Johnson, Terri Anderson, P. Hastins, S. Simpson, John Baldwin and John Does 1-13 as defendants. The clerk is directed to attempt service on the remaining defendants pursuant to the standard procedu res. Plaintiffs motions for counsel [5,11] are denied, with leave to renew upon demonstrating that he made attempts to hire his own counsel. Plaintiffs motion to supplement litigation history 6 , motion in support of in forma pauperis 8 , and uni versal motion for settlement 14 are denied. Plaintiffs motion to hold business office supervisor in contempt of court 12 is denied as the order Plaintiff alleges the office supervisor violated was not issued in this case and it does not have any relation to the facts alleged in this case. (ED, ilcd)

E-FILED

Wednesday, 25 July, 2018 10:23:53 AM
Clerk, U.S. District Court, ILCD

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
CHARLES DONELSON,
Plaintiff,
v.
RANDY PFISTER, et al.,
Defendants.

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18-CV-1117

MERIT REVIEW AND CASE MANAGEMENT ORDER
The plaintiff, proceeding pro se, was granted leave to proceed
in forma pauperis. The court is required by 28 U.S.C. § 1915A to
“screen” the 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.
In reviewing the complaint, the court accepts the factual
allegations as true, liberally construing them in the plaintiff's favor.
Turley v. Rednour, 729 F.3d 645, 649 (7th Cir. 2013). However,
conclusory statements and labels are insufficient. Enough facts
must be provided to “state a claim for relief that is plausible on its
face.” Alexander v. U.S., 721 F.3d 418, 422 (7th Cir. 2013)(citation
omitted). The court set the matter for a merit review hearing but
the plaintiff was not available for the hearing, and the merit review
hearing was vacated. The case is now before the court for a merit
review of plaintiff’s claims.
Plaintiff filed this lawsuit pursuant to 42 U.S.C. § 1983
alleging that Defendants Watson and Lindsey wrote a false
disciplinary report and that Defendants Gish and Joyner, in their
capacities as members of the Adjustment Committee, failed to call
his witnesses or consider exculpatory video and audio evidence at
the disciplinary hearing. Plaintiff alleges that Defendants Pfister,
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Lemke, Johnson, Anderson, Godinez, Baldwin, Hastings, and
Simpson “approved” or “agreed” with the findings via the grievance
process. Plaintiff also alleges that Defendant B. Gish prevented a
letter from being sent to the IDOC Director on one occasion to
protect his father, Defendant Gish. Plaintiff alleges that another
prison official wrote an incident report on the mail tampering issue
and that he was able to file a grievance.
Plaintiff states a Fourteenth Amendment claim against
Defendants Watson, Lindsey, Gish, and Joyner for the alleged
denial of his procedural due process rights. Wolff v. McDonnell, 418
U.S. 539 (1974). Plaintiff does not state a claim against Defendants
Pfister, Lemke, Johnson, Anderson, Godinez, Baldwin, Hastings,
and Simpson for their alleged roles in the grievance process.
George v. Smith, 507 F.3d 605, 609-10 (7th Cir. 2007). The
allegations of mail tampering do not suggest that Plaintiff was
hindered in his ability to file lawsuits or grievances, or otherwise
send mail outside the prison. Defendant B. Gish and John Does 113 should be dismissed.
IT IS THEREFORE ORDERED:
1.
Pursuant to its merit review of the Complaint under 28
U.S.C. § 1915A, the court finds that the plaintiff states a
Fourteenth Amendment procedural due process claim against
Defendants Watson, Lindsey, D. Gish and Joyner. 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.
2.
This 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.
3.
The 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
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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.
4.
With 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 the clerk.
5.
The 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 considered.
6.
This 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 more detail.

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7.
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.
8.
The 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.
9.
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 through the U.S.
Marshals 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).
10. The clerk is directed to enter the standard qualified
protective order pursuant to the Health Insurance Portability and
Accountability Act.
11. The clerk is directed to terminate Randy Pfister, B. Gish,
Michael Lemke, S. A. Godinez, Sarah Johnson, Terri Anderson, P.
Hastins, S. Simpson, John Baldwin and John Does 1-13 as
defendants.
12. The clerk is directed to attempt service on the remaining
defendants pursuant to the standard procedures.
13. Plaintiff’s motions for counsel [5,11] are denied, with
leave to renew upon demonstrating that he made attempts to hire
his own counsel. Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir.
2007). This typically requires writing to several lawyers and
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.
14. Plaintiff’s motion to supplement litigation history [6],
motion in support of in forma pauperis [8], and universal motion for
settlement [14] are denied.
15. Plaintiff’s motion to hold business office supervisor in
contempt of court [12] is denied as the order Plaintiff alleges the
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office supervisor violated was not issued in this case and it does not
have any relation to the facts alleged in this case. See Pacific
Radiation Oncology, LLC v. Queen’s Medical Ctr., 810 F.3d 631, 636
(9th Cir. 2015) (“[T]here must be a relationship between the injury
claimed in the motion for injunctive relief and the conduct asserted
in the underlying complaint.”) (citing Devose v. Herrington, 42 F.3d
470, 471 (8th Cir. 2008)).
15. A digital recording of the merit review hearing has been
attached to the docket.
Entered this 25th day of July, 2018
/s/ Harold A. Baker
___________________________________________
HAROLD A. BAKER
UNITED STATES DISTRICT JUDGE

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