Roman v. Godinez et al

Filing 39

ORDER REFERRING CASE to Magistrate Judge Donald G. Wilkerson Because Plaintiff is represented by counsel, and in the absence of a motion for service of process at government expense, Plaintiff's counsel, not the Clerk of Court, shall bear responsibility for the service of process upon all named defendants. Signed by Judge Nancy J. Rosenstengel on 10/20/2015. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
LUIS ROMAN,
No. M12962,

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Plaintiff,
vs.
S.A. GODINEZ, et al.
Defendants.

Case No. 15-cv-00096-NJR

MEMORANDUM AND ORDER
ROSENSTENGEL, District Judge:
Plaintiff Luis Roman, an inmate in Pontiac Correctional Center, brings this action
pursuant to 42 U.S.C. § 1983 for deprivations of his constitutional rights, based on events that
occurred while he was housed at Lawrence Correctional Center in 2014. Supplemental claims
based on Illinois law are also presented in accordance with 28 U.S.C. § 1367(a). Plaintiff’s first
four attempts to draft a viable complaint failed, so counsel was assigned to represent Plaintiff.
The Fourth Amended Complaint (Doc. 36), prepared by counsel, is now before the Court
for 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).
A preliminary review reveals that the Fourth Amended Complaint (Doc. 36) states an
overarching, colorable Eighth Amendment claim, as well as related state law claims. There is
one minor technical flaw in the pleading, in that each defendant is not listed in the caption, as
required by Federal Rule of Civil Procedure 10(a). Because the twelve intended defendants are

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clearly listed as parties in the “Parties” section of the pleading, however, no further amendment
will be required.
IT IS THEREFORE ORDERED that Plaintiff’s Fourth Amended Complaint (Doc. 36)
shall proceed. The Clerk of Court is DIRECTED to refer to the “Parties” section of the Fourth
Amendment Complaint for a listing of the twelve named defendants.
Because Plaintiff is represented by counsel, and in the absence of a motion for service of
process at government expense, Plaintiff’s counsel, not the Clerk of Court, shall bear
responsibility for the service of process upon all named defendants.
Defendants are ORDERED to timely file an appropriate responsive pleading to the
Fourth Amended 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 Donald G. Wilkerson for further pre-trial proceedings. Further, this entire
matter shall be REFERRED to a United States Magistrate for disposition, pursuant to Local
Rule 72.2(b)(2) and 28 U.S.C. § 636(c), if all parties consent to such a referral.
IT IS SO ORDERED.
DATED: October 20, 2015

__________________________
NANCY J. ROSENSTENGEL
United States District Judge

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