Oliphant v. State of Illinois et al

Filing 4

OPINION granting 2 Motion for Leave to Proceed in forma pauperis; denying 3 Motion to Appoint Counsel ; ORDER ; State of Illinois terminated.; ( Rule 16 Scheduling Conference set for 4/30/2012 09:30 AM in by telephone from Springfield (court will place call) before Judge Sue E. Myerscough.) Entered by Judge Sue E. Myerscough on 1/18/2012. (CT, ilcd)

E-FILED

Wednesday, 18 January, 2012 03:06:10 PM
Clerk, U.S. District Court, ILCD

UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS
SPRINGFIELD DIVISION
GARY N. OLIPHANT,
Plaintiff,

)
)
)
)
)
)
)

v.
STATE OF ILLINOIS, et al.,
Defendants.

12-CV-3011

OPINION
SUE E. MYERSCOUGH, U.S. District Judge:
Plaintiff seeks leave to proceed in forma pauperis on his claims
regarding alleged excessive soy in the prison food during his incarceration
in the Illinois Department of Corrections. He filed this case after his
release from prison, so the Prison Litigation Reform Act does not apply.
Plaintiff’s petition establishes his indigency and will therefore be
granted. However, he can no longer seek injunctive relief since he is no
longer in prison. Therefore, the State of Illinois must be dismissed.
IT IS THEREFORE ORDERED:
1) Plaintiff’s petition to proceed in forma pauperis is granted (d/e

1

2).
2) Plaintiff’s motion for appointed counsel is denied as premature
(d/e 3). The Court cannot consider the merits of the motion until
Plaintiff shows that he has made reasonable efforts to find counsel on his
own. Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007). Typically, a
plaintiff makes this showing by writing to several different law firms and
attaching the responses to the motion for appointment of counsel.
3) The State of Illinois is dismissed and terminated.
4) The Clerk is directed to send to each Defendant pursuant to
this District's internal service 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) this Order. If a Defendant fails to return a signed
waiver, the Court will direct personal service on that Defendant and will
charge the costs of service to that Defendant.
5)

“Doe” defendants cannot be served. Plaintiff must timely

identify the name and location of the Doe defendants for service, or they
will be dismissed, without prejudice.

2

6)

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 effecting 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.
7)

Once counsel for Defense has filed an appearance, Plaintiff

shall serve upon said 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
the Court or Clerk which does not include a required certificate of service
shall be stricken.
8)

A Rule 16 scheduling conference is set for April 30, 2012, at

9:30 a.m. by telephone conference.
9) Within 14 days before the Rule 16 conference on April 30,

3

2012, Plaintiff must inform the Clerk of a phone number where he can
be reached for that conference. If Plaintiff fails to provide a phone
number or appear at that conference without good cause, this case shall
be dismissed, with prejudice.
9)

Plaintiff must immediately notify the Court 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 shall result in
dismissal of this lawsuit, with prejudice.
10) The Clerk is directed to notify the parties of their option to
consent to disposition of this case before a United States Magistrate
Judge by providing Plaintiff with a magistrate consent form. Upon receipt
of a signed consent from Plaintiff, the Clerk shall forward the consent to
Defendants for consideration.
ENTERED: 1/18/2012
FOR THE COURT:
s/Sue E. Myerscough
SUE E. MYERSCOUGH
UNITED STATES DISTRICT JUDGE

4