Padilla v. Chester Mental Health Clinic

Filing 25

ORDER REFERRING CASE to Magistrate Judge Philip M. Frazier, Denying 22 MOTION for Extension of Time MOTION for Status of Case filed by Daniel S Padilla and 19 MOTION to Exhaust Administrative Remedies of Defendants filed by Daniel S Padilla. The Court further notes that Plaintiff has implicitly notified the Court of a change of address in his motion and DIRECTS the Clerk of Court to change Plaintiff's address in the file to Centralia Correctional Center, Inmate Mail/Parcels, P.O. Box 7 711, Centralia, IL 62801-7711 and to resend him a copy of any documents in the file that were returned as undeliverable. The following defendants are DISMISSED from this action with prejudice: Suneja, Klausing, Snider, Tariq, Shaw, Guebert, Shoenbeck , and Heck.The Clerk of Court shall prepare for Defendants CHANDLER, SHAWN, BILL, JEREMY, ADAM and ZACHERY: (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 9/6/2012. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DANIEL S. PADILLA,
Plaintiff,
v.

Case No. 12-cv-18-JPG

S. SUNEJA, M.D.; JAMIA KLAUSING; LORI
SNIDER, R.N.; A. TARIQ, M.D.; SHIRLEY
SHAW; CINDY GUEBERT, R.N.; ROGER
SHOENBECK; NICK CHANDLER;
BEVERLY HICKMAN; S.T.A. SHAWN;
S.T.A. BILL; S.T.A. JEREMY; S.T.A. ADAM;
S.T.A. ZACHERY; and O.I.G. RUSSELL
HECK,
Defendants.
MEMORANDUM AND ORDER
Plaintiff, formerly incarcerated at Chester Mental Health Clinic and currently
incarcerated at Centralia Correctional Center, has brought this pro se civil rights action pursuant
to 42 U.S.C. § 1983. Plaintiff claims that while he was at the Chester Mental Health Clinic
Defendants Chandler, Shawn, Bill, Jeremy, Adam and Zachery assaulted him because he had
been convicted of aggravated criminal sexual abuse of a child. Plaintiff alleges that Defendant
Heck took pictures and x-rays of Plaintiff following the assault and that Defendants Suneja,
Klausing, Snider, Tariq, Shaw, Guebert and Shoenbeck knew about the assault after it occurred
but did nothing in response.
Under 28 U.S.C. § 1915A, the Court is required to conduct a prompt threshold review of
the complaint. Although not technically referred to him at the time, Magistrate Judge Williams
granted Plaintiff’s motion to amend his complaint, and the Court hereby adopts that order and
considers the Amended Complaint (Doc. 21) as the operative pleading in this case. Accepting

Plaintiff’s allegations as true, the Court finds that Plaintiff has articulated a colorable federal
cause of action:
Count 1:

A claim against all Defendants for excessive force in violation of the Eighth
Amendment.

Defendants Suneja, Klausing, Snider, Tariq, Shaw, Guebert, Shoenbeck and Heck are
dismissed from Count 1 with prejudice for the following reason:
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Plaintiff makes no allegations against these defendants plausibly suggesting a right to
relief. See Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007). A Defendant is
generally not liable for the misdeeds of others simply because he knew about them. See
Burks v. Raemisch, 555 F.3d 592, 596 (7th Cir. 2009). Here, Plaintiff simply alleges
these Defendants knew about an assault that had already been completed but not that they
caused or contributed to the assault.

Pending motions
The Court DENIES without prejudice Plaintiff’s motion to exhaust administrative
remedies (Doc. 19). The Court cannot discern what Plaintiff is seeking in this motion.
The Court DENIES as moot Plaintiff’s motion for an extension of time and for the status
of case (Doc. 22). Plaintiff currently has no deadlines in this case, and this order provides
adequate notice of the status of this case. The Court further notes that Plaintiff has implicitly
notified the Court of a change of address in his motion and DIRECTS the Clerk of Court to
change Plaintiff’s address in the file to Centralia Correctional Center, Inmate Mail/Parcels, P.O.
Box 7711, Centralia, IL 62801-7711 and to resend him a copy of any documents in the file that
were returned as undeliverable.
Disposition
The following defendants are DISMISSED from this action with prejudice:
Suneja
Klausing
Snider
Tariq
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Shaw
Guebert
Shoenbeck
Heck
The following defendants remain in the instant action:
Chandler
Shawn
Bill
Jeremy
Adam
Zachery
The Clerk of Court shall prepare for Defendants CHANDLER, SHAWN, BILL,
JEREMY, ADAM and ZACHERY: (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
each 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 of formal service, to the extent
authorized by the Federal Rules of Civil Procedure.
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.

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Plaintiff shall serve upon Defendants (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. If the plaintiff is
incarcerated in a correctional facility that participates in the Electronic Filing Program, service
may be made in accordance with General Order 2010-1 describing service under that program.
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.
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 Frazier for further pre-trial proceedings.
Further, this entire matter is 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.
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,

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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
for want of prosecution. See FED. R. CIV. P. 41(b).
IT IS SO ORDERED.
DATED: September 6, 2012

s/J. Phil Gilbert
J. PHIL GILBERT
United States District Judge

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