Goings v. Jones et al
ORDER REFERRING CASE to Magistrate Judge Donald G. Wilkerson. Signed by Judge Nancy J. Rosenstengel on 9/20/2016. (tjk)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
FREDERICK GOINGS, #M-36022,
JONES, ANDREW W. SPILLER,
EVOLADI, UNKNOWN CORR. STAFF, )
and UNKNOWN HEALTHCARE STAFF, )
Case No. 16-cv-00833-NJR
ROSENSTENGEL, District Judge:
In accordance with the Court’s Memorandum and Order dated July 22, 2016, which
severed multiple claims from Case No. 16-439-SMY into this action, the Court now orders
service of process and referral of the claims in this case. The July 22 Order contained a
preliminary screening of all of the claims brought by Goings pursuant to 28 U.S.C. § 1915A,
which led to a determination that Counts 7-8, 10, and 14 should proceed against the defendants
named in conjunction with those claims.
Following the Section 1915A screening and 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, including management of the process to identify the unnamed defendants. Further,
this entire matter shall be REFERRED to United States Magistrate Judge Wilkerson 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.
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Identification of Unknown Defendants
Goings shall be allowed to proceed with Counts 10 and 14 against unknown correctional
staff and unknown healthcare staff. These parties must be identified with particularity, however,
before service of the complaint can be made on them. Where a prisoner’s complaint states
specific allegations describing conduct of individual prison staff members sufficient to raise a
constitutional claim against the unknown defendants, the prisoner should have the opportunity to
engage in limited discovery in order to ascertain the identity of those defendants. Rodriguez v.
Plymouth Ambulance Serv., 577 F.3d 816, 832 (7th Cir. 2009). In this case, guidelines for
discovery aimed at identifying the unknown defendants will be set by the United States
Magistrate Judge, so that Goings can identify the unknown defendants with particularity. The
Court cannot discern, at this early stage, whether any named defendants can assist in identifying
these individuals. Therefore, for the sole purpose of assisting with the identification process, the
Clerk of Court shall add Menard’s Warden as a defendant, in his or her official capacity only.
Once identified, Goings shall file a motion to substitute the named defendants for
“unknown correctional staff” and “unknown healthcare staff” in the case caption and elsewhere
in the complaint, and Menard’s Warden should file a motion seeking dismissal from this action.
The Clerk is DIRECTED to ADD Menard’s Warden as a defendant, in his or her official
capacity only, for the sole purpose of responding to discovery aimed at identifying Defendants
“unknown correctional staff” and “unknown healthcare staff.”
IT IS ORDERED that COUNTS 7-8 shall receive further review against Defendant
EVOLADI. COUNT 10 shall receive further review against Defendants UNKNOWN
CORRECTIONAL STAFF, JONES, and UNKNOWN HEALTHCARE STAFF. COUNT
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14 shall receive further review against Defendants EVOLADI, JONES, UNKNOWN
CORRECTIONAL STAFF, and UNKNOWN HEALTHCARE STAFF. With respect to
COUNTS 7-8, 10, and 14, the Clerk of Court shall prepare for DEFENDANTS EVOLADI,
JONES, and MENARD’S WARDEN: (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
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.
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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).
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, regardless of the fact
that his application to proceed in forma pauperis has been granted. See 28 U.S.C.
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
for want of prosecution. See FED. R. CIV. P. 41(b).
IT IS SO ORDERED.
DATED: September 20, 2016
NANCY J. ROSENSTENGEL
United States District Judge
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