Riley v. Davis et al

Filing 61

ORDER GRANTING IN PART 44 Motion to Compel. Clerk to prepare and mail Notice and Waiver of lawsuit forms. Signed by Magistrate Judge Donald G. Wilkerson on 4/18/13. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DANNY RILEY,

)
)
Plaintiff,
)
)
v.
)
)
DR. J. GARDNER, AMBER, AND JOHN )
DOE 1,
)
)
Defendants.
)

Case No. 3:12-cv-671-GPM-DGW

ORDER
WILKERSON, Magistrate Judge:
Now pending before the Court is the Motion to Compel filed by Plaintiff on February 25, 2013
(Doc. 44). The Motion is GRANTED IN PART. Plaintiff seeks a Court Order directing the
Pinckneyville Correctional Center to identify “Amber” and John Doe 1, the correctional officer who
allegedly refused to allow Plaintiff to go to a dental appointment. At the hearing on February 28, 2013,
pursuant to Pavey v. Conley, 544 F.3d 739 (7th Cir. 2008), this Court directed Defendant Gardner to
provide the full name of Amber. In compliance with that Order, Defendant identified Amber Bathon, a
dental assistant employed by Wexford Health Sources, Inc. and assigned to Pinckneyville Correctional
Center, as the dental assistant identified by Plaintiff. In light of this information and in order to determine
the identity of John Doe, the following his hereby ORDERED:
1.

The Clerk of Court shall prepare for Defendant AMBER BATHON: (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, the
Pinckneyville Correctional Center. If Defendant Bathon 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 Ms. Bathon, and the
Court will require that Ms. Bathon pay the full costs of formal service, to the extent
authorized by the Federal Rules of Civil Procedure.
If Ms. Bathon no longer can be found at the Pinckneyville Correctional Center, 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.
2.

Plaintiff indicates that the John Doe Defendant is employed by Pinkneyville Correctional Center,
that he is a correctional officer who worked on September 27, 2010 on the 7 to 3shift in Housing
Unit 3 D-Wing. Within 21 days of this Order, Pinckneyville Correctional Center SHALL
provide the Clerk with the name and contact information for Defendant John Doe using the above
information provided by Plaintiff. This information shall be used by the Clerk only for effecting
service on this Defendant. Any documentation of the addresses

shall not be maintained in

the court file or otherwise disclosed by the Clerk. If Pinckneyville Correctional Center cannot
identify the John Doe Correctional Officer with the information above, it shall so inform the
Court within the time limit above.
IT IS SO ORDERED
DATED: April 18, 2013

DONALD G. WILKERSON
United States Magistrate Judge
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