Enriquez v. Shofner et al
Filing
5
OPINION entered by Judge Sue E. Myerscough on 9/24/2013. Plaintiff's motion for counsel is denied, d/e 3 , with leave to renew upon demonstrating that Plaintiff has made reasonable efforts to obtain representation on his own. This cause is set for further scheduling procedures under Fed. R. Civ. P. 16 on November 26, 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. (MAS, ilcd)
E-FILED
Thursday, 26 September, 2013 05:25:37 PM
Clerk, U.S. District Court, ILCD
UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS
SPRINGFIELD DIVISION
JOSHUA ENRIQUEZ,
Plaintiff,
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v.
DEWITT COUNTY SHERIFF,
et al.,
Defendants.
13-CV-3236
OPINION
SUE E. MYERSCOUGH, U.S. District Judge:
Plaintiff, proceeding pro se from his detention in the Cook
County Jail, seeks leave to proceed in forma pauperis on claims
arising from his treatment at the DeWitt County Jail between
August and September of 2012.
The case is before the Court for a merit review pursuant to 28
U.S.C. § 1915A. In reviewing the Complaint, the Court accepts the
factual allegations as true, liberally construing them in Plaintiff's
favor. Turley v. Rednour, --- F.3d ---, 2013 WL 3336713 * 2 (7th Cir.
2103). However, conclusory statements and labels are insufficient.
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Enough facts must be provided to "'state a claim for relief that is
plausible on its face.'" Alexander v. U.S., 2013 WL 3215667 *2 (7th
Cir. 2013)(quoted cite omitted).
On or around August 11, 2012, Plaintiff was transferred from
Cook County Jail to DeWitt County Jail. Plaintiff’s requests to
speak to a “psych doctor” and to receive his psychiatric medicines
were denied. Plaintiff grew increasingly despondent. On September
13, 2012, Plaintiff swallowed 70-80 pills in front of officers. Plaintiff
was taken to the hospital and returned to DeWitt County Jail the
next day. Plaintiff told Defendant Rogers that Plaintiff felt suicidal,
but Rogers allegedly did not care and did nothing. Plaintiff then
began banging his head into the wall until his head was bloody.
Officers then put Plaintiff in a restraint chair, whereupon Defendant
Rogers began choking Plaintiff.
Accepting these allegations as true, Plaintiff states
constitutional claims for excessive force and deliberate indifference
to his serious mental health needs. Which Defendants were
personally responsible for these alleged violations cannot be
determined without a more developed record.
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IT IS THEREFORE ORDERED:
1)
Pursuant to its merit review of the Complaint under 28
U.S.C. § 1915A, the Court finds that Plaintiff states claims for
deliberate indifference to his serious mental health needs and for
excessive force, both claims arising from his detention in the DeWitt
County Jail in August and September of 2012. 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)
Plaintiff's motion for counsel is denied (d/e 3), with leave
to renew upon demonstrating that Plaintiff has made reasonable
efforts to obtain representation on his own. Reasonable efforts are
typically made by writing to several lawyers or law firms and
attaching the responses.
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 effect formal service
through the U.S. Marshal’s Service on that Defendant and will
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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 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.
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 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
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that has not been filed with the Clerk or that fails to include a
required certificate of service shall be struck 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 26, 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.
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 deposition.
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10)
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.
IT IS FURTHER ORDERED THAT 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.
ENTERED:
September 24, 2013
FOR THE COURT:
s/Sue E. Myerscough
SUE E. MYERSCOUGH
UNITED STATES DISTRICT JUDGE
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