Verser v. Gooding et al
Filing
10
MERIT REVIEW OPINION: The Clerk is directed to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. Plaintiff's motion for a substitution of the presiding judge is denied 5 . Plainti ff's motion for clarification is granted 6 . Plaintiff's motion to request counsel is denied 8 . Plaintiff's motion for status is denied as moot 7 . The clerk is directed to attempt service on Defendants pursuant to the standard procedures. SEE WRITTEN OPINION. Entered by Judge Sue E. Myerscough on 5/22/2014. (ME, ilcd)
E-FILED
Thursday, 22 May, 2014 12:10:30 PM
Clerk, U.S. District Court, ILCD
UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS
GLENN VERSER,
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Plaintiff,
v.
DOUGLAS GOODING, et al.,
Defendants.
14-CV-3060
MERIT REVIEW OPINION
SUE E. MYERSCOUGH, U.S. District Judge.
Plaintiff, proceeding pro se and incarcerated in Lawrence
Correctional Center, alleges that Defendants have retaliated against
him for filing lawsuits and grievances by orchestrating his transfer
from Western Correctional Center to Lawrence Correctional Center.
The retaliation allegedly continued in Lawrence Correctional Center
when Defendant Erickson confiscated Plaintiff's television,
handcuffed Plaintiff behind his back against medical orders, and
kneed Plaintiff in the stomach, allegedly warning Plaintiff, "That's
what happens when you file lawsuits."
IT IS THEREFORE ORDERED:
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1)
Pursuant to its merit review of the Complaint under 28
U.S.C. § 1915A, the Court finds that Plaintiff states a claim for
retaliation for the exercise of his First Amendment rights, and a
claim for excessive force against Defendant Erickson. 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
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
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
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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.
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.
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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 Defendants' 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.
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
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or phone number will result in dismissal of this lawsuit, with
prejudice.
9)
If a Defendants 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).
10)
Within 10 days of receiving from Defendants' counsel an
authorization to release medical records, Plaintiff is directed to sign
and return the authorization to Defendants' counsel.
11)
The Clerk is directed to enter the standard qualified
protective order pursuant to the Health Insurance Portability
and Accountability Act.
12)
Plaintiff's motion for a substitution of the presiding
judge is denied (5). Plaintiff objects to this Court's order in a
different case directing Plaintiff to file his current address.
This is a standard order entered automatically in all cases if
the Court is informed that Plaintiff's address is no longer
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current. In any event, court rulings are not grounds for
recusal.
13)
Plaintiff's motion for clarification is granted (6). The
referral of this case to Judge Schanzle-Haskins is for
administrative purposes. This Court remains the presiding
Court. However, Judge Schanzle-Haskins may rule on
nondispositive motions and may provide recommendations on
dispositive motions.
14)
Plaintiff's motion to request counsel is denied (8).
Plaintiff has significant litigation experience, and his
Complaint demonstrates that he is knowledgeable about the
law and legal procedure. Additionally, this claim is relatively
simple. Plaintiff already has personal knowledge of many of
the relevant facts. At this point, Plaintiff appears competent
to proceed pro se.
15)
Plaintiff's motion for status is denied as moot (8).
16)
The clerk is directed to attempt service on
Defendants pursuant to the standard procedures.
ENTERED: 5/22/2014
FOR THE COURT:
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s/Sue E. Myerscough
SUE E. MYERSCOUGH
UNITED STATES DISTRICT JUDGE
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