Tate v. Lynch et al

Filing 7

OPINION (See Written Opinion):1. Plaintiff's in forma pauperis petition is granted (d/e 2 ). 2. THE CLERK IS DIRECTED TO enter the standard text order assessing an initial partial filing fee, after receipt of Plaintiff's trust fund ledgers . 3. By March 15, 2013, the U.S. Marshals are directed to serve a copy of the complaint, summons, Plaintiff's motion for a preliminary injunction, Plaintiff's memorandum in support of his motion for preliminary injunction, and this text ord er on Defendants. Costs of service shall be advanced by the United States. 4. BY MARCH 11, 2013, THE CLERK IS DIRECTED TO prepare the service packets and deliver them to the Marshals for service on Defendants. 5. A hearing on Plaintiff's moti on for preliminary injunction is scheduled for March 20, 2013 at 2:30 p.m.. Plaintiff shall appear by video. Defense counsel shall appear in person. Defendants may appear in person or by video. 6. THE CLERK IS DIRECTED TO issue a video writ to secure Plaintiff's presence at the preliminary injunction hearing. Entered by Judge Sue E. Myerscough on 03/08/2013. (VM, ilcd)

E-FILED

Friday, 08 March, 2013 02:55:07 PM
Clerk, U.S. District Court, ILCD

UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS
SPRINGFIELD DIVISION
CARL TATE,
Plaintiff,
v.
MS. LYNCH, TARRY
WILLIAMS, SANDRA FUNK,
S.A. GODINEZ, and
DOE DEFENDANTS
Defendants.

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13-CV-3060

OPINION
SUE E. MYERSCOUGH, U.S. District Judge:
Plaintiff, proceeding pro se and incarcerated in Western Illinois
Correctional Center, seeks leave to proceed in forma pauperis. The
case is before the Court for a merit review pursuant to 28 U.S.C. §
1915A.
Upon review of Plaintiff's pleadings, the Court concludes that
Plaintiff states an Eighth Amendment claim for deliberate
indifference to a substantial risk of serious harm to his mental
health and physical safety arising from his placement at Western
Illinois Correctional Center in light of Plaintiff's alleged gender
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identity disorder. He also states an arguable Eighth Amendment
claim that the failure to protect Plaintiff effectively imposes
inhumane conditions of confinement because Plaintiff must avoid
showering, eating, and visiting the yard and gym to stay safe, and a
First Amendment claim that he cannot go to church because of the
failure to protect him. An equal protection claim is also arguably
stated.
Plaintiff has filed a motion for a preliminary injunction seeking a
transfer to Dixon Correctional Center or Centralia Correctional
Center, where Plaintiff believes he will be safer from sexual
harassment, sexual assault, and attacks. According to Plaintiff's
Complaint, in January 2013 Plaintiff attempted to kill himself by
taking an overdose of pain medicine and trying to hang himself, due
to Defendants' failure to protect him from substantial and serious
risks to his mental health and physical safety. Plaintiff also alleges
that he was raped in Pontiac Correctional Center in 2010, which is
the subject of a lawsuit pending in the U.S. District Court in Peoria.
IT IS THEREFORE ORDERED:
1. Plaintiff's in forma pauperis petition is granted (d/e 2).

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2. THE CLERK IS DIRECTED TO enter the standard text order
assessing an initial partial filing fee, after receipt of Plaintiff's
trust fund ledgers.
3. By March 15, 2013, the U.S. Marshals are directed to serve
a copy of the complaint, summons, Plaintiff's motion for a
preliminary injunction, Plaintiff's memorandum in support
of his motion for preliminary injunction, and this text
order on Defendants. Costs of service shall be advanced by
the United States.
4. BY MARCH 11, 2013, THE CLERK IS DIRECTED TO
prepare the service packets and deliver them to the Marshals
for service on Defendants.
5. A hearing on Plaintiff's motion for preliminary injunction is
scheduled for March 20, 2013 at 2:30 p.m.. Plaintiff shall
appear by video. Defense counsel shall appear in person.
Defendants may appear in person or by video.
6. THE CLERK IS DIRECTED TO issue a video writ to secure
Plaintiff's presence at the preliminary injunction hearing.

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7. THE CLERK IS DIRECTED TO email a copy of this order to
Illinois Assistant Attorney General Jerrod Williams and to
Terence Corrigan.
ENTERED: March 8, 2013
FOR THE COURT:
s/Sue E. Myerscough
SUE E. MYERSCOUGH
UNITED STATES DISTRICT JUDGE

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