Kugler v. Rao et al
Filing
6
MERIT REVIEW OPINION entered by Judge Sue E. Myerscough on 7/31/2014. Plaintiff's petition to proceed in forma pauperis is granted (d/e 3 ). Plaintiff's motion for a temporary restraining order is denied 2 with leave to renew upon attaching his relevant medical records. An order assessing a partial filing fee will enter separately. Failure to pay the filing fee will result in dismissal of this case. This case is now in the process of service. (MAS, ilcd)
E-FILED
Thursday, 31 July, 2014 04:21:13 PM
Clerk, U.S. District Court, ILCD
UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS
DEVIN M. KUGLER,
Plaintiff,
v.
DR. RAO, et al.,
Defendants.
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14-CV-3133
MERIT REVIEW OPINION
Plaintiff, proceeding pro se and detained in the Rushville
Treatment and Detention Center, seeks leave to proceed in forma
pauperis.
Plaintiff alleges that he has been forced to take psychotropic
medicine against his will and against his religious beliefs, as well as
blood pressure medicine to control his high blood pressure, which
was allegedly caused by the psychotropic medicine. Plaintiff states
arguable constitutional claims arising from (1) the administration of
psychotropic medicine and blood pressure medicine against his will
and against his religion; and, (2) deliberate indifference to his
serious medical needs. Plaintiff also states an arguable claim for
injunctive relief under the Religious Land Use and Institutionalized
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Persons Act ("RLUIPA"). Plaintiff's claim for injunctive relief is
construed against Defendants in their official capacities.
IT IS ORDERED:
1.
Plaintiff's petition to proceed in forma pauperis is granted
(d/e 3). This case proceeds solely on the claims set forth above.
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 a temporary restraining order is
denied (2) with leave to renew upon attaching his relevant medical
records.
3.
An order assessing a partial filing fee will enter separately.
Failure to pay the filing fee will result in dismissal of this case,
without prejudice.
4.
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
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denied as premature. Plaintiff need not submit any evidence to the
Court at this time, unless otherwise directed by the Court.
5.
The Court will attempt service on Defendants by sending
each Defendant a waiver of service. Defendants have 60 days from
the date the waiver of service 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 counsel has appeared for
Defendants, the Court will enter a scheduling order setting
deadlines for discovery and dispositive motions.
6.
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.
7.
Defendants shall file an answer within 60 days of the day
the waiver of service is sent by the Clerk. A motion to dismiss is
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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.
8.
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.
9.
Counsel for Defendants is hereby granted leave to depose
Plaintiff at Plaintiff's place of confinement. Counsel for Defendants
shall arrange the time for the deposition.
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.
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11.
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 the full costs of formal service pursuant to Federal Rule of
Civil Procedure 4(d)(2).
12. The Clerk is directed to enter the standard qualified
protective order pursuant to the Health Insurance Portability
and Accountability Act.
13. The Clerk is directed to attempt service on Defendants
pursuant to the standard procedures.
14. The Clerk is directed to assess the partial filing fee
pursuant to the standard procedures.
ENTERED:
July 31, 2014
FOR THE COURT:
s/Sue E. Myerscough
SUE E. MYERSCOUGH
UNITED STATES DISTRICT JUDGE
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