Caffey v. Best et al

Filing 11

MERIT REVIEW ORDER entered by Judge Sue E. Myerscough on 10/18/2013. (MAS, ilcd)

E-FILED

Friday, 18 October, 2013 03:42:12 PM
Clerk, U.S. District Court, ILCD

UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS
SPRINGFIELD DIVISION
ALLEN NEELY CAFFEY,

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Plaintiff,
v.
CAPTAIN BEST, et al.,
Defendants.

13-CV-3296

MERIT REVIEW OPINION
SUE E. MYERSCOUGH, U.S. District Judge:
Plaintiff, incarcerated and proceeding pro se, seeks leave to
proceed in forma pauperis on claims that were severed from
Plaintiff’s pending case in the Southern District of Illinois.
Judge Murphy has already conducted a thorough analysis of
the claims stated against the Defendants located at Pontiac
Correctional Center, before severing and transferring those claims
to this Court. Accordingly, this case will proceed on the claims
identified by Judge Gilbert.
IT IS THEREFORE ORDERED:

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1) The Court adopts the conclusions set forth in Judge
Gilbert’s memorandum (d/e 1) setting forth the claims that Plaintiff
states against the Defendants located at Pontiac Correctional
Center. In particular, this case proceeds on the following
constitutional claims: 1) Eighth Amendment claim against Pontiac
Defendants Best, Berry, Eilts, and John Doe #5, for housing
Plaintiff in unsanitary conditions and for refusing to provide
Plaintiff with cleaning supplies, adequate clothing, or toiletries; 2)
Eighth Amendment claim against Pontiac Defendants Brown,
Berry, Eilts, and John Does #2 and #5 for deliberate indifference to
medical needs; and, 3) retaliation claim against Pontiac Defendant
Richard, for withholding and destroying, or allowing the
destruction of, Plaintiff’s property because of Plaintiff’s protected
activity at Menard.  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)

This case is now in the process of service. Plaintiff is

advised to wait until counsel has appeared for Defendants before
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filing any motions, in order to give Defendants notice and an
opportunity to respond to those motions. Motions filed before
Defendants' counsel has filed an appearance will generally be
denied as premature. Plaintiff need not submit any evidence to the
Court at this time, unless otherwise directed by the Court.
3)

The Court will attempt service on Defendants by mailing

each Defendant a waiver of service. Defendants have 60 days from
service to file an Answer. If Defendants have not filed Answers or
appeared through counsel within 90 days of the entry of this order,
Plaintiff may file a motion requesting the status of service. After
Defendants have been served, the Court will enter an order setting
discovery and dispositive motion deadlines.
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.
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5)

Defendants shall file an answer within 60 days of the

date the waiver is sent by the clerk. 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. In general, an
answer sets forth Defendants' positions. The Court does not rule
on the merits of those positions unless and until a motion is filed by
Defendants. Therefore, no response to the answer is necessary or
will be considered.
6)

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.
7)

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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8)

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: 1) ATTEMPT SERVICE ON DEFENDANTS
PURSUANT TO THE STANDARD PROCEDURES; 2) SET AN
INTERNAL COURT DEADLINE 60 DAYS FROM THE ENTRY OF
THIS ORDER FOR THE COURT TO CHECK ON THE STATUS OF
SERVICE AND ENTER SCHEDULING DEADLINES; AND, 3)
ENTER THE STANDARD ORDER ASSESSING AN INITIAL
PARTIAL FILING FEE.
LASTLY, IT IS ORDERED THAT 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

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THE FULL COSTS OF FORMAL SERVICE PURSUANT TO
FEDERAL RULE OF CIVIL PROCEDURE 4(d)(2).
ENTERED:

October 18, 2013

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

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