Johnson v. Goodman et al

Filing 6

MERIT REVIEW OPINION (See Written Opinion): (1) The clerk is directed to attempt service on Defendants pursuant to the standard procedures; (2) Plaintiff's motion for counsel is denied (d/e 2 ) with leave to renew upon demonstrating that Plaintiff has made reasonable efforts to find his own attorney; (3) Defendants Killebrew, Shipley, and Keen are terminated. Entered by Judge Sue E. Myerscough on 12/31/2013. (VM, ilcd)

E-FILED

Tuesday, 31 December, 2013 10:03:56 AM
Clerk, U.S. District Court, ILCD

UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS
SPRINGFIELD DIVISION

ELZIE JOHNSON,
Plaintiff,
v.
ELI GOODMAN, et al.,
Defendants.

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13-CV-3368

MERIT REVIEW OPINION
SUE E. MYERSCOUGH, U.S. District Judge:
Plaintiff, proceeding pro se and currently incarcerated in
Jacksonville Correctional Center, seeks leave to proceed in forma
pauperis. This case is before the Court for a 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, 729 F.3d 645, 649 (7th Cir. 2103). However,
conclusory statements and labels are insufficient. Enough facts
must be provided to "'state a claim for relief that is plausible on its

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face.'" Alexander v. U.S., 721 F.3d 418, 422 (7th Cir. 2013)(quoted
cite omitted).
Plaintiff alleges that Dr. Goodman has discontinued Plaintiff's
medicine for hypertension. Plaintiff asserts that he has been
experiencing cold sweats, severe headaches, black outs, and
dizziness as a result of the medicine being discontinued. Plaintiff
also fears that he is at risk of a stroke or a heart attack. Plaintiff's
grievances were denied for the stated reason that Plaintiff did not
actually have hypertension and that Plaintiff's tests were normal.
Plaintiff states an arguable Eighth Amendment claim against
Dr. Goodman and Health Care Administrator Becky Sudbrink for
deliberate indifference to Plaintiff's alleged serious medical need for
his hypertension medicine. However, Plaintiff states no claim
against the Defendants without medical training. Greeno v. Daley,
414 F.3d 645, 656 (7th Cir. 2005)(“‘If a prisoner is under the care of
medical experts... a nonmedical prison official will generally be
justified in believing that the prisoner is in capable hands.’”)(quoted
cite omitted).

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Plaintiff has also filed a motion for the Court to seek pro bono
counsel on Plaintiff's behalf. Plaintiff must first demonstrate that
he has made reasonable efforts to find counsel on his own. Pruitt v.
Mote, 503 F.3d 647, 654-55 (7th Cir. 2007). Typically, a plaintiff
makes this showing by writing to several different law firms and
attaching the responses to the motion for appointment of counsel.
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 an Eighth
Amendment claim against Dr. Goodman and Becky Sudbrink for
deliberate indifference to Plaintiff's 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)

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

advised to wait until counsel has appeared for Defendants before
filing any motions, in order to give Defendants notice and an
opportunity to respond to those motions. Motions filed before

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Defense 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
the date the waiver is sent 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)

If Defendants no longer work at the address provided by

Plaintiff, the prison litigation coordinator 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 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
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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 Defendant's 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)

This District uses electronic filing, which means that,

after Defense counsel has filed an appearance, Defense counsel will
automatically receive electronic notice of any motion or other paper
filed by Plaintiff with the Clerk. Plaintiff does not need to mail to
Defense counsel copies of motions and other papers that Plaintiff
has filed with the Clerk. However, this does not apply to discovery
requests and responses. Discovery requests and responses are not
filed with the Clerk. Plaintiff must mail his discovery requests and
responses directly to Defense counsel. Discovery requests or
responses sent to the Clerk will be returned unfiled, unless they are
attached to and the subject of a motion to compel. Discovery does
not begin until Defense counsel has filed an appearance and the
Court has entered a scheduling order, which will explain the
discovery process in more detail.
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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.
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.
9)

If Defendants fail 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).
IT IS FURTHER ORDERED:
(1) The clerk is directed to attempt service on Defendants
pursuant to the standard procedures;
(2) Plaintiff's motion for counsel is denied (d/e 2) with
leave to renew upon demonstrating that Plaintiff has made
reasonable efforts to find his own attorney;
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(3) Defendants Killebrew, Shipley, and Keen are
terminated.

ENTERED: December 31, 2013
FOR THE COURT:

s/Sue E. Myerscough
SUE E. MYERSCOUGH
UNITED STATES DISTRICT JUDGE

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