Stallings v. Hardy et al

Filing 4

WRITTEN Opinion entered by the Honorable James F. Holderman on 11/21/2011. Plaintiff's motion to proceed in forma pauperis 3 is granted. The Court authorizes the trust fund officer at Plaintiff's place of confinement to deduct $10.69 from Plaintiff's account for payment to the Clerk, and to continue making monthly deductions and payments in accordance with this order. The Clerk shall send a copy of this order to the trust fund officer at Stateville Correctional Center. The Clerk shall also issue summonses for Defendants and send Plaintiff a Magistrate Judge Consent Form, Instructions for Submitting Documents, and a copy of this order. [For further details see written opinion.] Mailed notice (lw, ).

Order Form (01/2005)

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

James F. Holderman

CASE NUMBER

11 C 8107

CASE
TITLE

Sitting Judge if Other
than Assigned Judge

DATE

November 21, 2011

Jasmon Stallings (B-83576) v. Hardy, et al.

DOCKET ENTRY TEXT

Plaintiff’s motion to proceed in forma pauperis [3] is granted. The Court authorizes the trust fund officer at Plaintiff’s
place of confinement to deduct $10.69 from Plaintiff’s account for payment to the Clerk, and to continue making
monthly deductions and payments in accordance with this order. The Clerk shall send a copy of this order to the trust
fund officer at Stateville Correctional Center. The Clerk shall also issue summonses for Defendants and send Plaintiff
a Magistrate Judge Consent Form, Instructions for Submitting Documents, and a copy of this order.

O[For further details see text below.]

Docketing to mail notices.

STATEMENT
Plaintiff, Jasmon Stallings, a prisoner at Stateville Correctional Center, brings this civil rights action pursuant
to 42 U.S.C. § 1983.
Plaintiff having shown that he is indigent, his motion for leave to proceed in forma pauperis is granted.
Pursuant to 28 U.S.C. § 1915(b)(1), Plaintiff is assessed an initial partial filing fee of $10.69. The trust fund officer at
Plaintiff’s place of incarceration is authorized and ordered to collect the partial filing fee from Plaintiff’s trust fund
account and pay it directly to the Clerk of Court. After payment of the initial partial filing fee, the trust fund officer at
Plaintiff’s place of confinement is directed to collect monthly payments from Plaintiff’s trust fund account in an
amount equal to 20% of the preceding month’s income credited to the account. Monthly payments collected from his
trust fund account shall be forwarded to the Clerk of Court each time the amount in the account exceeds $10 until the
full $350 filing fee is paid. All payments shall be sent to the Clerk, United States District Court, 219 S. Dearborn St.,
Chicago, Illinois 60604, attn: Cashier’s Desk, 20th Floor, and shall clearly identify Plaintiff’s name and this case
number. This payment obligation will follow Plaintiff in the event of this transfer to any other correctional facility.
Under 28 U.S.C. § 1915A, the Court is required to conduct a prompt initial review of prisoner complaints.
Plaintiff alleges that he began having stomach pains in August of 2010 whenever he ate the soy products that
the prison was serving. Plaintiff filed a grievance regarding the food. The grievance was denied and Warden Hardy
concurred with the denial of the grievance. Plaintiff attempted to change his diet but he was informed that he could
only change his diet if the change was for religious purposes. Thus, Plaintiff’s request to have a changed diet for health
reasons was denied. Plaintiff’s emergency grievance to Warden Hardy regarding changing his diet due to stomach
issues and blood in his stool was denied as a non-emergency. In March of 2011, Plaintiff was taken for urgent medical
care due to severe stomach pain and blood in his stool. Dr. Schaefer held Plaintiff in the medical unit for three days,
noting blood in Plaintiff’s stool. Dr. Ghosh also treated Plaintiff. Plaintiff informed Dr. Ghosh that the nurse was only
proving him stool softener. Dr. Ghosh failed to provide additional medical care. Plaintiff had a follow-up visit with
Dr. Schaefer a few weeks later and Dr. Schaefer told Plaintiff there was nothing wrong. Plaintiff explained that he was
still experiencing stomach pain but he received no treatment. In July of 2011, Plaintiff wrote a letter to Wexford
seeking help in getting proper medical treatment. Plaintiff did not receive a response to his letter. Plaintiff sought
more assistance from Warden Hardy in getting proper medical care to no avail. Plaintiff attaches numerous grievances,
letters and medical records in support of his claim that he is not receiving proper medical care for his digestive issues.
The attachments further support Plaintiff’s allegations that the Defendants were aware of his condition and failed to
take any corrective action. The Defendants must respond to the complaint.

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STATEMENT
The United States Marshals Service is appointed to serve the Defendants. Any service forms necessary for
Plaintiff to complete will be sent by the Marshal as appropriate to serve Defendants with process. The U.S. Marshal is
directed to make all reasonable efforts to serve Defendants. With respect to any former employee who can no longer be
found at the work address provided by Plaintiff, the Illinois Department of Corrections shall furnish the Marshal with
Defendant’s last-known address. The information shall be used only for purposes of effectuating service [or for proof
of service, should a dispute arise] and any documentation of the address shall be retained only by the Marshal. Address
information shall not be maintained in the court file, nor disclosed by the Marshal. The Marshal is authorized to mail a
request for waiver of service to Defendants in the manner prescribed by Fed. R. Civ. P. 4(d)(2) before attempting
personal service.
Plaintiff is instructed to file all future papers concerning this action with the Clerk of Court in care of the
Prisoner Correspondent. Plaintiff must provide the Court with the original plus a complete judge’s copy, including any
exhibits, of every document filed. In addition, Plaintiff must send an exact copy of any court filing to Defendant [or to
defense counsel, once an attorney has entered an appearance on behalf of Defendant]. Every document filed with the
Court must include a certificate of service stating to whom exact copies were mailed and the date of mailing. Any
paper that is sent directly to the judge or that otherwise fails to comply with these instructions may be disregarded by
the Court or returned to Plaintiff.

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