Winston v. McCoy et al

Filing 36

ORDER Entered by Judge Harold A. Baker on 5/29/2018. See Written Order. Pursuant to the Mandate issued by the Seventh Circuit Court of Appeals, the clerk is directed to reopen this case. This case shall proceed on plaintiffs Fourteenth Amendment cl aim that defendants Sheldon, Dobier, Moody, Houzenga, and the unidentified members of the rooming committee failed to provide constitutionally adequate mental health treatment. The clerk is directed to enter the standard qualified protective order p ursuant to the Health Insurance Portability and Accountability Act. The clerk is directed to terminate Ms. McCoy, Caraway, Hankins, Gregg Scott, and Jumper as defendants. The clerk is directed to modify the docket as follows: defendant Rooming Committee Staff should be John Doe. The clerk is directed to attempt service on defendants Dobier, Sheldon, Houzenga, and Moody pursuant to the standard procedures.(ED, ilcd)

E-FILED

Tuesday, 29 May, 2018 03:02:56 PM
Clerk, U.S. District Court, ILCD

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
ANDRE WINSTON,

v.
MS. MCCOY,

et al.

)
)
Plaintiff,
)
)
)
)
)
)
Defendants. )

17-4159

ORDER REOPENING CASE
In its Merit Review Opinion (#21), the Court dismissed
plaintiff’s complaint pursuant to 28 U.S.C. § 1915A. Plaintiff
appealed and the Seventh Circuit remanded the case for further
proceedings on plaintiff’s claim that “defendants denied him
constitutionally adequate care for his mental health when they
denied his requests for a single-occupancy cell.” Winston v. Scott,
718 F. App’x 438, 439 (7th Cir. 2018). The Seventh Circuit held
that the Court properly dismissed plaintiff’s due process claim. Id.
The allegations in plaintiff’s complaint related to his claim that
Rushville officials failed to provide adequate mental health
treatment are found in “Cause of Action 3” and plaintiff’s names
therein defendants Sheldon, Dobier, Moody, Houzenga, and
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“current rooming committee” as the parties responsible for the
alleged denial of his constitutional rights. See (#1-1) at 5-10.
Therefore, this case shall proceed against these defendants only.
IT IS THEREFORE ORDERED:
1.

Pursuant to the Mandate issued by the Seventh Circuit

Court of Appeals, the clerk is directed to reopen this case.
2.

This case shall proceed on plaintiff’s Fourteenth

Amendment claim that defendants Sheldon, Dobier, Moody,
Houzenga, and the unidentified members of the rooming committee
failed to provide constitutionally adequate mental health treatment.
The Court will convert “rooming committee staff” to a John Doe
defendant. 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.
3.

This case is now in the process of service. The plaintiff is

advised to wait until counsel has appeared for the defendants
before filing any motions, in order to give the defendants notice and
an opportunity to respond to those motions. Motions filed before
defendants' counsel has filed an appearance will generally be denied

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as premature. The plaintiff need not submit any evidence to the
court at this time, unless otherwise directed by the court.
4.

The court will attempt service on the defendants by

mailing each defendant a waiver of service. The defendants have 60
days from the date the waiver is sent to file an answer. If the
defendants have not filed answers or appeared through counsel
within 90 days of the entry of this order, the plaintiff may file a
motion requesting the status of service. After the defendants have
been served, the court will enter an order setting discovery and
dispositive motion deadlines.
5.

With respect to a defendant who no longer works at the

address provided by the 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.
6.

The 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
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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 the defendants' positions. The court does not rule
on the merits of those positions unless and until a motion is filed by
the defendants. Therefore, no response to the answer is necessary
or will be considered.
7.

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 the plaintiff with the clerk. The plaintiff does not need to
mail to defense counsel copies of motions and other papers that the
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. The 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

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appearance and the court has entered a scheduling order, which
will explain the discovery process in more detail.
8.

Counsel for the defendants is hereby granted leave to

depose the plaintiff at his place of confinement. Counsel for the
defendants shall arrange the time for the deposition.
9.

The plaintiff shall immediately notify the court, in

writing, of any change in his mailing address and telephone
number. The 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.
10.

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.
Marshals 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).
11.

The clerk is directed to enter the standard qualified

protective order pursuant to the Health Insurance Portability and
Accountability Act.

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12.

The clerk is directed to terminate Ms. McCoy, Caraway,

Hankins, Gregg Scott, and Jumper as defendants.
13.

The clerk is directed to modify the docket as follows:

defendant Rooming Committee Staff should be “John Doe.”
14.

The clerk is directed to attempt service on defendants

Dobier, Sheldon, Houzenga, and Moody pursuant to the standard
procedures.
Entered this 29th day of May, 2018.
/s/Harold A. Baker
___________________________________________
HAROLD A. BAKER
UNITED STATES DISTRICT JUDGE

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