Young v. Alton Mental Health Center et al

Filing 51

ORDER re 49 Response filed by LaVondas V. Young. The Court again directs plaintiff to inform the Court as to the steps she has taken to serve the remaining named defendants on or before June 9, 2014. Failure to so inform the Court shall result in dismissal of this case for failure to prosecute without further notice. Signed by Chief Judge David R. Herndon on 5/19/2014. (mtm)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
LaVONDAS V. YOUNG,
Plaintiff,
vs.
ALTON MENTAL HEALTH
CENTER, et al.,
Defendants.

Case No. 13-cv-378-DRH-PMF
MEMORANDUM AND ORDER

HERNDON, Chief Judge:
This comes before the Court for purposes of case management. On April 1,
2014, the Court directed plaintiff LaVondas Young to inform the Court of her
attempts at service of the initial and amended complaints on the remaining
defendants to this action on or before May 1, 2014. Plaintiff failed to so inform
the Court. Thus, the Court has directed plaintiff to show cause why this case
should not be dismissed on or before June 9, 2014.
Plaintiff has sent this Court a document, filed on May 15, 2014, which
generally summarizes her allegations.

This document does not appropriately

respond to this issues raised by the Court and will not prevent dismissal of her
suit. Plaintiff originally filed her complaint on April 17, 2013, originally naming:
“Alton Mental Health Center et al. (Forensic Center), Barbara Auston- Clinical
Nursing Manager, Karen Klunk- Clinical Nursing Manager, Anita Brazil-Hospital
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Administrator.”

The Court reminds plaintiff that Judge Stiehl, now retired,

denied plaintiff’s request for leave to proceed in forma pauperis and also denied
her request for service of process at the government’s request, on May 10, 2013
(Doc. 6). Along with a copy of this Order (Doc. 6), the Clerk also sent plaintiff
Form 5 (Notice of a Lawsuit and Request to Waive Service of a Summons) and
Form 6 (Waiver of Service of Summons). Waiver of service forms were returned
executed as to Anita Brazil and Karen Klunk, on September 9, 2013 (Docs. 10
and 11). These are the only waiver of service forms on file with the Court. And
further, no summons have ever been returned- either executed or unexecuted.
On January 22, 2014, plaintiff filed an amended complaint against the
same defendants, additionally naming “State of Illinois, Department of Human
Services,” in the caption. As plaintiff is aware, Karen Klunk and Barbara Auston
are no longer parties to this action, as this Court granted their motion to dismiss
because plaintiff failed to respond (Doc. 44).

It does not appear the remaining

defendants, “Alton Mental Health Center,” “Barbara Auston,” and “State of Illinois
Department of Human Services,” have been served.
For informational purposes, the Court informs plaintiff that defendants
were not required to waive service of a summons.

In the event a defendant

chooses not to waive service of a summons, it is plaintiff’s burden to request that
a summons be issued as to every defendant that does not choose to waive service
of a summons. Pursuant to FEDERAL RULE

OF

CIVIL PROCEDURE 4(m), a plaintiff

has 120 days from the filing of her complaint to “serve” each defendant. “Service”

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means providing each defendant with a summons and copy of the complaint in
accordance with FEDERAL RULE

OF

CIVIL PROCEDURE 4, unless service of a

summons is waived. Thus, the Court again directs plaintiff to inform the Court as
to the steps she has taken to serve the remaining named defendants on or before
June 9, 2014. Failure to so inform the Court shall result in dismissal of this case
for failure to prosecute without further notice.
IT IS SO ORDERED.
Signed this 19th day of May, 2014.

Digitally signed by
David R. Herndon
Date: 2014.05.19
14:14:43 -05'00'
Chief Judge
United States District Court

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