Carroll v. Kerrkee et al

Filing 12

ORDER REFERRING CASE to Magistrate Judge Philip M. Frazier, Denying 10 MOTION for Extension of Time to File Response/Reply filed by Mark A Carroll, II, Denying 9 MOTION for Service of Process at Government Expense filed by Mark A Carroll, II. IT IS HEREBY ORDERED that the Clerk of Court shall prepare for Defendant HANSON: (1) Form 5 (Notice of a Lawsuit and Request to Waive Service of a Summons), and (2) Form 6 (Waiver of Service of Summons). Signed by Judge J. Phil Gilbert on 8/9/2012. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
MARK A. CARROLL, II, #B-86369,
Plaintiff,
vs.
MARK HANSON,
Defendant.

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CASE NO. 11-cv-633-JPG

MEMORANDUM AND ORDER
GILBERT, District Judge:
This matter comes before the Court for review of Plaintiff’s First Amended Complaint,
brought under 42 U.S.C. § 1983 and alleging deprivation of his constitutional rights (Doc. 11).
In the amended complaint, Plaintiff alleges that Defendant Hanson, along with other correctional
officers at the Clinton County Jail, failed to respond to Plaintiff’s requests to be provided with
his prescribed medication for several serious mental health conditions, and failed to give him
access to any mental health professional, for the three months following October 23, 2010. By
filing this amended complaint, Plaintiff has complied with this Court’s order of July 11, 2012
(Doc. 8). Pursuant to 28 U.S.C. § 1915A, Plaintiff’s amended complaint merits further
consideration.
Pending Motions
Plaintiff also filed a motion for enlargement of time (Doc. 10), requesting the Court to
allow him additional time (to April 14, 2013) within which to file an amended complaint. The
reason for this request is to allow Plaintiff to conduct an investigation as to the identity of the

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other guards who denied him access to medication and mental health care during his detention in
the Clinton County Jail. Where a prisoner’s complaint states specific allegations describing
conduct of individual jail staff members sufficient to raise a constitutional claim, but the names
of those defendants are not known, the prisoner should have the opportunity to engage in
discovery to ascertain the identity of those defendants. Rodriguez v. Plymouth Ambulance Serv.,
577 F.3d 816, 832 (7th Cir. 2009). Because Plaintiff will have the opportunity to conduct
discovery and amend his complaint while this matter is under consideration by the United States
Magistrate Judge, this motion (Doc. 10) is DENIED without prejudice.
Plaintiff also filed a motion for service of process at government expense (Doc. 9). It is
not necessary for a litigant such as Plaintiff, who is proceeding in forma pauperis, to file a
motion requesting service at the government’s expense. Because the first amended complaint
shall proceed for further consideration, service will be directed below, and the motion (Doc. 9) is
DENIED AS MOOT.
Disposition
IT IS HEREBY ORDERED that the Clerk of Court shall prepare for Defendant
HANSON: (1) Form 5 (Notice of a Lawsuit and Request to Waive Service of a Summons), and
(2) Form 6 (Waiver of Service of Summons). The Clerk is DIRECTED to mail these forms, a
copy of the complaint, and this Memorandum and Order to Defendant’s place of employment as
identified by Plaintiff. If Defendant fails to sign and return the Waiver of Service of Summons
(Form 6) to the Clerk within 30 days from the date the forms were sent, the Clerk shall take
appropriate steps to effect formal service on Defendant, and the Court will require Defendant to
pay the full costs of formal service, to the extent authorized by the Federal Rules of Civil
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Procedure.
IT IS FURTHER ORDERED that, if the Defendant cannot be found at the address
provided by Plaintiff, the employer shall furnish the Clerk with the Defendant’s current work
address, or, if not known, the Defendant’s last-known address. This information shall be used
only for sending the forms as directed above or for formally effecting service. Any
documentation of the address shall be retained only by the Clerk. Address information shall not
be maintained in the court file, nor disclosed by the Clerk.
IT IS FURTHER ORDERED that Plaintiff shall serve upon Defendant (or upon
defense counsel once an appearance is entered), a copy of every further pleading or other
document submitted for consideration by the Court. Plaintiff shall include with the original
paper to be filed a certificate stating the date on which a true and correct copy of any document
was served on Defendant or counsel. Any paper received by a district judge or magistrate judge
that has not been filed with the Clerk or that fails to include a certificate of service will be
disregarded by the Court.
Defendant is ORDERED to timely file an appropriate responsive pleading to the
complaint and shall not waive filing a reply pursuant to 42 U.S.C. § 1997e(g).
Pursuant to Local Rule 72.1(a)(2), this action is REFERRED to United States
Magistrate Judge Philip M. Frazier for further pre-trial proceedings.
Further, this entire matter is hereby REFERRED to United States Magistrate Judge
Frazier for disposition, as contemplated by Local Rule 72.2(b)(2) and 28 U.S.C. § 636(c), should
all the parties consent to such a referral.
IT IS FURTHER ORDERED that if judgment is rendered against Plaintiff, and the
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judgment includes the payment of costs under § 1915, Plaintiff will be required to pay the full
amount of the costs, notwithstanding that his application to proceed in forma pauperis has been
granted. See 28 U.S.C. § 1915(f)(2)(A).
Plaintiff is ADVISED that at the time application was made under 28 U.S.C. § 1915 for
leave to commence this civil action without being required to prepay fees and costs or give
security for the same, the applicant and his or her attorney were deemed to have entered into a
stipulation that the recovery, if any, secured in the action shall be paid to the Clerk of the Court,
who shall pay therefrom all unpaid costs taxed against plaintiff and remit the balance to plaintiff.
Local Rule 3.1(c)(1).
Plaintiff is ADVISED that he is under a continuing obligation to keep the Clerk of Court
and each opposing party informed of any change in his address; the Court will not independently
investigate his whereabouts. This shall be done in writing and not later than 7 days after a
transfer or other change in address occurs. Failure to comply with this order will cause a delay in
the transmission of court documents and may result in dismissal of this action for want of
prosecution. See FED. R. CIV. P. 41(b).
IT IS SO ORDERED.
DATED: August 9, 2012

s/J. Phil Gilbert
United States District Judge

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