Reynolds v. I.D.O.C. et al

Filing 11

OPINION entered by Judge Sue E. Myerscough on 9/18/2012. This cause is set for further scheduling procedures under Fed. R. Civ. P. 16 on November 5, 2012 at 1:30 p.m. (or as soon as the Court can reach the case) before Judge Sue E Myerscough by telephone conference. The conference will be cancelled if service has been accomplished and no pending issues need discussion. Accordingly, no writ will issue for Plaintiff's presence unless directed by the Court. (MAS, ilcd)

E-FILED

Tuesday, 18 September, 2012 03:35:26 PM
Clerk, U.S. District Court, ILCD

UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS
SPRINGFIELD DIVISION
DARRYL W. REYNOLDS,

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Plaintiff,
v.
IDOC AND DIRECTOR
OF IDOC,
Defendants.

12-CV-3076

OPINION
SUE E. MYERSCOUGH, U.S. District Judge:
In compliance with the Court’s order, Plaintiff has submitted an
amended complaint alleging facts that he was incarcerated beyond his
release date and that Defendants were deliberately indifferent to the
situation. Accordingly, Plaintiff states a claim and the case will be sent
for service. Burke v. Johnston, 452 F.3d 665, 669 (7th Cir.
2006)(incarceration after release date violates the Eighth Amendment “if
it is the product of deliberate indifference).
IT IS THEREFORE ORDERED:
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1) Pursuant to its merit review of the Complaint under 28 U.S.C. §
1915A, the Court finds that Plaintiff states a federal constitutional claim
that he remained incarcerated past his release date. 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) 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) this order.
3) 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 serve 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).
4) With respect to a Defendant who no longer works at the address
provided by Plaintiff, the entity for whom that Defendant worked while

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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 serving said Defendant.
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) Defendants shall file an answer within the time prescribed by
Local Rule. 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.
6) 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 Plaintiff 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

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will be stricken by the Court.
7) Once counsel has appeared for a Defendant, Plaintiff need not
send copies of his filings to that Defendant or to that Defendant's
counsel. Instead, the Clerk will file Plaintiff's document electronically
and send a notice of electronic filing to defense counsel. The notice of
electronic filing shall constitute service on Defendants pursuant to Local
Rule 5.3. If electronic service on Defendants is not available, Plaintiff
will be notified and instructed accordingly.
8) This cause is set for further scheduling procedures under Fed. R.
Civ. P. 16 on November 5, 2012 at 1:30 p.m. (or as soon as the Court
can reach the case) before U. S. District Judge Sue E. Myerscough by
telephone conference. The conference will be cancelled if service has
been accomplished and no pending issues need discussion. Accordingly,
no writ will issue for Plaintiff’s presence unless directed by the Court.
9) Counsel for Defendants is hereby granted leave to depose
Plaintiff at his place of confinement. Counsel for Defendants shall
arrange the time for the depositions.

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10) Plaintiff shall 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 will result in
dismissal of this lawsuit, with prejudice.

ENTERED:

September 18, 2012

FOR THE COURT:
s/Sue E. Myerscough
SUE E. MYERSCOUGH
UNITED STATES DISTRICT JUDGE

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