Gauthier v. Lochard et al
OPINION: Plaintiff's petition to proceed in forma pauperis is granted (d/e 2 ). This cause is set for further scheduling procedures under Fed. R. Civ. P. 16 on April 30, 2013 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. SEE WRITTEN OPINION. Entered by Judge Sue E. Myerscough on 3/12/13. (ME, ilcd)
Tuesday, 12 March, 2013 05:06:37 PM
Clerk, U.S. District Court, ILCD
UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS
HUGHES LOCHARD, M.D.,
And MICHAEL BEDNARZ,
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 on his claim that Defendants have refused to treat his
high blood pressure with medication which does not cause him
serious side effects. Plaintiff's attachments suggest that Plaintiff
has chosen not to take his prescribed medicine, but Plaintiff denies
this, or asserts that he cannot take the medicine because of its side
At this point, the Court concludes that Plaintiff states a
plausible constitutional claim for deliberate indifference to his
serious medical needs. The case will be sent for service.
IT IS ORDERED:
1. Plaintiff's petition to proceed in forma pauperis is granted (d/e
2). Pursuant to its review of the Complaint, the Court finds
that Plaintiff states a federal constitutional claim for deliberate
indifference to his serious medical needs. 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.
2. The Clerk is directed to assess Plaintiff an initial partial filing
fee pursuant to the standard procedures.
3. 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.
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
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
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 April 30, 2013 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 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.
FOR THE COURT:
s/Sue E. Myerscough
SUE E. MYERSCOUGH
UNITED STATES DISTRICT JUDGE
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