Bell v. Jumper et al
Filing
5
OPINION entered by Judge Sue E. Myerscough on 4/16/2013. Plaintiff states an arguable constitutional claim, and his petition to proceed in forma pauperis is GRANTED. The hearing scheduled for 4/22/2013 is CANCELLED. This cause is set for further s cheduling procedures under Fed. R. Civ. P. 16 on 6/10/2013 at 2:00 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. (MAS, ilcd)
E-FILED
Tuesday, 16 April, 2013 10:03:01 AM
Clerk, U.S. District Court, ILCD
UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS
SPRINGFIELD DIVISION
TIMOTHY BELL,
Plaintiff,
v.
SHAN JUMPER, et al.,
Defendants.
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13-CV-3056
OPINION
SUE E. MYERSCOUGH, U.S. District Judge:
Plaintiff, proceeding pro se and detained in the Rushville
Treatment and Detention Center, seeks leave to proceed in forma
pauperis.
Plaintiff alleges that he has been requesting sex offender
treatment for years, but that Defendants have repeatedly denied
Plaintiff's requests or stalled Plaintiff's treatment by erecting new
barriers Plaintiff must hurdle before he can obtain treatment.
Plaintiff must progress in sex offender treatment in order to be
considered for release from the facility.
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The Constitution forbids deliberate indifference to Plaintiff's
serious medical needs, including Plaintiff's mental health needs. A
plausible inference arises from Plaintiff's confinement that Plaintiff
has a serious mental disorder needing treatment. A plausible
inference of deliberate indifference against Defendants' arises based
on their alleged refusal to give Plaintiff that treatment. Accordingly,
Plaintiff states an arguable constitutional claim, and his petition to
proceed in forma pauperis will be granted.
IT IS ORDERED:
1. The hearing scheduled for April 22, 2013 is cancelled. The
clerk is directed to notify Plaintiff’s prison of the cancellation.
2. Pursuant to its review of the Complaint, the Court finds that
Plaintiff states a federal constitutional claim for deliberate
indifference to his serious mental disorder. 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.
3. The Clerk is directed to send to each Defendant pursuant to
this District's internal procedures: 1) a Notice of Lawsuit and
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Request for Waiver of Service; 2) a Waiver of Service; 3) a copy
of the Complaint; and 4) this order.
4. 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. 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).
5. 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.
6. 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
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Rules. The answer and subsequent pleadings shall be to the
issues and claims stated in this Opinion.
7. 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 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 shall be
stricken by the Court.
8. 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.
9. This cause is set for further scheduling procedures under
Fed. R. Civ. P. 16 on June 10, 2013 at 2:00 p.m., or as soon
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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 shall
issue for Plaintiff’s presence unless directed by the Court.
10. Counsel for Defendants is hereby granted leave to depose
Plaintiff at his place of confinement. Counsel for Defendants
shall arrange the time for the deposition.
11. 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.
ENTERED:
April 16, 2013
FOR THE COURT:
s/Sue E. Myerscough
SUE E. MYERSCOUGH
UNITED STATES DISTRICT JUDGE
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