Hicks v. Young et al

Filing 66

WRITTEN Opinion entered by the Honorable Amy J. St. Eve on 8/29/2011: The Clerk is directed to: (1) terminate all Defendants except Hammond, Williams, and McCann pursuant to the second amended complaint and Fed. R. Civ. P. 15(a)(2); and (2) issue su mmons for service on Defendant Hammond by the U.S. Marshal. Defendant Ghosh's motion to dismiss 61 is denied as moot. The Marshal is directed to follow the special service instructions set forth in this order. (For further detail see Written Opinion.) Mailed notice. (psm, )

Order Form (01/2005)

United States District Court, Northern District of Illinois
Name of Assigned Judge
or Magistrate Judge

AMY J. ST. EVE

CASE NUMBER

10 C 3874

CASE
TITLE

Sitting Judge if Other
than Assigned Judge

DATE

8/29/2011

Carl D. Hicks, Sr. (#2009-1028271) vs. Linda Young, et al.

DOCKET ENTRY TEXT:

The Clerk is directed to: (1) terminate all Defendants except Hammond, Williams, and McCann pursuant to the
second amended complaint and Fed. R. Civ. P. 15(a)(2); and (2) issue summons for service on Defendant
Hammond by the U.S. Marshal. Defendant Ghosh’s motion to dismiss [61] is denied as moot. The Marshal
is directed to follow the special service instructions set forth in this order.

O [For further details see text below.]

Docketing to mail notices.

STATEMENT
Plaintiff, an inmate in the custody of the Cook County Department of Corrections, has brought this pro
se civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff claims that Defendants, correctional officials and
health care providers at the Stateville Correctional Center, violated Plaintiff’s constitutional rights by acting with
deliberate indifference to his serious medical needs. More specifically, Plaintiff alleges that Defendants failed
to treat his scabies when he was temporarily housed at Stateville.
By Minute Order of August 25, 2011, the Court granted Plaintiff leave to proceed on his second amended
complaint. Because the second amended complaint names only Dr. Hammond, Latanya Williams, and Terry
McCann as Defendants, the Clerk shall dismiss all other Defendants pursuant to the second amended complaint
and Fed. R. Civ. P. 15(a)(2).
Defendants McCann and Williams have responded to the second amended complaint by way of a motion
to dismiss; the Court has already entered a briefing schedule in connection with those motions.
Defendant Hammonds has not yet been served or entered an appearance. The Clerk is directed to issue
alias summons for service on Defendant Hammonds. The United States Marshals Service is appointed to serve
Hammonds. Any service forms necessary for Plaintiff to complete will be sent by the Marshal as appropriate
to serve Defendant with process. As Defendant Hammonds apparently no longer works at Stateville, the Marshal
(CONTINUED)
mjm

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STATEMENT (continued)
should contact Richard A. Tjepkema (Charysh & Schroeder, Ltd.), [phone] to make service arrangements
for Hammonds. The Marshal is authorized to mail a request for waiver of service to Defendant in the manner
prescribed by Fed. R. Civ. P. 4(d)(2) before attempting personal service.

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