Trimble v. Grounds et al

Filing 28

ORDER REFERRING CASE to Magistrate Judge Philip M. Frazier. Signed by Judge Staci M. Yandle on 1/13/2016. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
VINCENT E. TRIMBLE, #K-92214,
Plaintiff,
vs.
RANDY GROUNDS, DANA TYLKA,
DEE DEE BROOKHART,
SUSAN KERR, DR. VIPIN SHAH, and
DR. JANSSEN WILLIAMS,
Defendants.

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Case No. 14-cv-1164-SMY

MEMORANDUM AND ORDER
YANDLE, District Judge:
Now before the Court is Plaintiff’s Third Amended Complaint (Doc. 26). Plaintiff
Vincent Trimble, an inmate at Lincoln Correctional Center, brings this action pursuant to 42
U.S.C. § 1983 for deprivations of his constitutional rights. Plaintiff claims that Defendants failed
to provide him with adequate medical care while he was housed at Robinson Correctional Center
from 2012 to 2014. Plaintiff’s first three attempts to draft a viable complaint failed, so counsel
was appointed to represent Plaintiff.
The Third Amended Complaint (Doc. 26), prepared by counsel, is now before the Court
for a preliminary review pursuant to 28 U.S.C. § 1915A. The Court is required to dismiss any
portion of the amended complaint that is legally frivolous, malicious, fails to state a claim upon
which relief may be granted or asks for money damages from a defendant who by law is immune
from such relief. 28 U.S.C. § 1915A(b).
After a preliminary review, the Court finds that the Third Amended Complaint (Doc. 26)
states an actionable deliberate indifference to medical needs claim under the Eighth Amendment
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against each of the named Defendants. IT IS THEREFORE ORDERED that Plaintiff’s Third
Amended Complaint (Doc. 26) shall proceed.
Pending Motion
Plaintiff’s motion for service of process at government expense (Doc. 27) is GRANTED.
Service shall be ordered below on all Defendants.
Disposition
IT IS HEREBY ORDERED that the Clerk of Court shall prepare for Defendants
RANDY GROUNDS, DANA TYLKA, DEE DEE BROOKHART, SUSAN KERR, DR.
JANSSEN WILLIAMS, and DR. VIPIN SHAH (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.
Plaintiff shall serve upon Defendants (or upon defense counsel once an appearance is

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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.
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 a United States
Magistrate Judge for further pre-trial proceedings.
Further, this entire matter is REFERRED to United States Magistrate Judge 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 § 1915, Plaintiff will be required to pay the full amount of the costs, even though 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

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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: January 13, 2016

s/ STACI M. YANDLE
STACI M. YANDLE
United States District Judge

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