Howell v. Swain et al

Filing 9

MERIT REVIEW OPINION entered by Judge Harold A Baker on 4/24/14. Court finds plaintiff states a claim for cruel and unusual punishment for being denied treatment for a serious medical need. Case proceeds solely on that claim. Clerks office directed to send plaintiff the Courts standard complaint form. Plaintiff directed to file amended complaint using the Courts standard complaint form by 5/8/14. Failure to file amended complaint could result in dismissal of case with prejudice. Miscellaneous Deadline 5/8/14 for filing amended complaint. See written Opinion. Copy of Opinion and blank complaint mailed to David W Howell, 624 Williamson Street, Mahomet, IL 61853. (TC, ilcd)

E-FILED

Thursday, 24 April, 2014 02:01:13 PM
Clerk, U.S. District Court, ILCD
UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS
DAVID W. HOWELL,
Plaintiff,
v.
SUE SWAIN, et al.,
Defendants.

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Case No. 14-CV-2008

MERIT REVIEW OPINION
The plaintiff, proceeding pro se and currently not incarcerated seeks leave to
proceed in forma pauperis in this civil case. The plaintiff states that he has no money,
no job or source of income, Therefore, plaintiff’s [2] motion to proceed in forma
pauperis is GRANTED.
The case is before the Court for a merit review pursuant to 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).
The Court has reviewed the Complaint and has also held a merit review hearing
in order to give the plaintiff a chance to personally explain his claims to the Court. The
Court concludes that the plaintiff states the federal claims detailed below.
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 claim for cruel and unusual punishment for being
denied treatment for a serious medical need. 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)
The clerk’s office is directed to send the plaintiff a copy of the Court’s
standard complaint form.
3)
The plaintiff is directed to file an amended complaint using the Court’s
standard complaint form by May 8, 2014. Failure to file an amended complaint could
result in dismissal of this case with prejudice.
4)
Once the Court receives plaintiff’s amended complaint, this case will
accordingly be sent for service.
ENTER:

April 24, 2014
/s/ Harold A. Baker
_________________________________
HAROLD A. BAKER
U. S. District Judge

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