Wilson v. Pinckneyville Mailroom Staff et al

Filing 9

ORDER REFERRING CASE to Magistrate Judge Donald G. Wilkerson. Signed by Judge J. Phil Gilbert on 12/16/2015. (tjk)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS MICHAEL S. WILSON, # R-06115, Plaintiff, vs. PINCKNEYVILLE MAILROOM STAFF, DONALD GAETZ, and WARDEN of PINCKNEYVILLE, Defendants. ) ) ) ) ) ) ) ) ) ) ) Case No. 15-cv-1345-JPG MEMORANDUM AND ORDER GILBERT, District Judge: This matter is before the Court for case management. On December 10, 2015, following the Memorandum and Order entered in Wilson v. Rensing, et al., Case No. 15-cv-1249-NJRDGW (Doc. 1 in the instant case), this matter was severed from the original case. This severed action contains the claims designated in Case No. 15-1249 as Counts 4, 8, and 11, against Defendants Pinckneyville Mailroom Staff and Donald Gaetz, for delaying Plaintiff’s legal and/or personal mail and denying him access to the courts. Count 8 also includes a retaliation claim against Defendant Gaetz. The Warden of Pinckneyville is included as a Defendant, in his/her official capacity, in order to respond to Plaintiff’s reasonable discovery requests regarding the identification of the Unknown Mailroom Staff Defendants. See Donald v. Cook County Sheriff's Dept., 95 F.3d 548, 555-56 (7th Cir. 1996). In order for Plaintiff’s claims to proceed, service must be accomplished in this matter. IT IS HEREBY ORDERED that the Clerk of Court shall prepare for Defendants GAETZ and WARDEN OF PINCKNEYVILLE (1) Form 5 (Notice of a Lawsuit and Request Page 1 of 4 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, the Order at Doc. 1, 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. Service shall not be made on the Unknown (John Doe) Mailroom Defendants until such time as Plaintiff has identified them by name in a properly filed amended complaint. Plaintiff is ADVISED that it is Plaintiff’s responsibility to provide the Court with the names and service addresses for these individuals. 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 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. Page 2 of 4 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, which shall include a determination on the pending motion for recruitment of counsel (Doc. 4). Further, this entire matter shall be REFERRED to the United States Magistrate Judge 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. 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, 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, 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 Page 3 of 4 for want of prosecution. See FED. R. CIV. P. 41(b). IT IS SO ORDERED. DATED: December 16, 2015 s/J. Phil Gilbert United States District Judge Page 4 of 4

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