Randall v. Keltner

Filing 12

ORDER REFERRING CASE to Magistrate Judge Stephen C. Williams. The Clerk of Court shall prepare for Defendant Keltner: (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 Michael J. Reagan on 8/22/2012. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

BRANNON I. RANDALL, #B29436,
Plaintiff,
vs.
MATTHEW KELTNER,
Defendant.

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Case No. 11−cv−1058−MJR

MEMORANDUM AND ORDER
REAGAN, District Judge:
Plaintiff, currently incarcerated at Menard Correctional Center, has brought this
pro se civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff claims that Defendant Keltner,
an officer with the Ridgway Police Department in Gallatin County, Illinois, used excessive force
while arresting Plaintiff.

More specifically, Plaintiff claims that Keltner pulled up behind

Plaintiff while he was parking at a cemetery and upon being questioned, Plaintiff ran away
causing Keltner to chase after him and land on top of Plaintiff causing his clavicle bone to break.
Under 29 U.S.C. § 1915A, the Court is required to conduct a prompt threshold
review of the complaint. On review, the Court shall identify cognizable claims or dismiss any
portions of the complaint that are frivolous, malicious, fails to state a claim on which relief may
be granted, or seeks monetary relief from a defendant with immunity. 28 U.S.C. § 1915A(b).
All claims of excessive force in the course of an arrest, investigatory stop, or other seizure is
investigated under the Fourth Amendment’s reasonableness standard which requires a balancing
of the “nature and quality of the intrusion on the individuals’ Fourth Amendment interests
against the countervailing governmental interests at stake.” Abdullahi v. City of Madison, 423

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F.3d 763, 768 (7th Cir. 2005) (citations omitted). Accepting Plaintiff’s allegations as true, the
Court finds that Plaintiff has articulated a colorable federal cause of action against Defendant
Keltner for excessive force (Count 1).
The Clerk of Court shall prepare for Defendant Keltner: (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 the Defendant’s place of employment as identified by Plaintiff. If a
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 that Defendant, and the Court will require that Defendant to pay the full costs o
With respect to a Defendant who no longer can be found at the work 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 or disclosed by the Clerk.
Plaintiff shall serve upon Defendant (or upon defense counsel once an appearance
is entered), a copy of every 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 the document was served on Defendants 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.

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Defendants are 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 Stephen C. Williams for further pre-trial proceedings.
Further, this entire matter is REFERRED to United States Magistrate Judge
Stephen C. Williams 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.
If judgment is rendered against Plaintiff, and the judgment includes the payment
of costs under Section 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)
Finally, 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

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for want of prosecution. See FED. R. CIV. P. 41(b).f formal service, to the extent authorized by
the Federal Rules of Civil Procedure.

IT IS SO ORDERED.
DATED: August 22, 2012
/s/ Michael J. Reagan
MICHAEL J. REAGAN
United States District Judge

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