Wimberly v. Wexford Health Sources Inc. et al

Filing 61

ORDER VACATING 37 Order on Motion to Amend/Correct, and GRANTING IN PART 36 MOTION to Amend/Correct 1 Complaint filed by Darrell Wimberly. Clerk to serve Dr. Strow as directed in Order. Signed by Magistrate Judge Donald G. Wilkerson on 10/25/16. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DARRELL WIMBERLY,
Plaintiff,
v.
WEXFORD HEALTH SOURCES, INC.,
TROST, JOHN DOE #1, KIMBERLY
BUTLER, SALVADORE GODINEZ, GAIL
WALLS, K. ALLSUP, and LORI OAKLEY,
Defendants.

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Case

No.

3:16-cv-202-NJR-DGW

ORDER
WILKERSON, Magistrate Judge:
This matter is before the Court sua sponte. On June 15, 2016, Plaintiff filed a Motion to
Amend the Complaint in order to replace John Doe # 1 and a dismissed Defendant, John Doe #
2, with named parties, Dr. Strow and John Baldwin, respectively (Doc. 36). That Motion was
denied without prejudice by an Order dated June 20, 2016 (Doc. 37) because Plaintiff failed to
submit a proposed amended pleading. The Court now VACATES the June 20, 2016 Order and
GRANTS IN PART the Motion to Amend.

Plaintiff shall not be required to file an amended

complaint at this time. Rather, Dr. Strow is hereby SUBSTITUTED for John Doe #1 in the
Complaint (Doc. 1). John Doe #2 has been dismissed; therefore, he will not be substituted.
The Clerk of Court shall prepare for Defendant DR. STROW: (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 Menard Correctional

Center. If Defendant Strow 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 Dr. Strow, and the Court will require that Dr. Strow pay the full
costs of formal service, to the extent authorized by the Federal Rules of Civil Procedure.
If Dr. Strow no longer can be found at the Menard 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.
DATED: October 25, 2016

DONALD G. WILKERSON
United States Magistrate Judge