Ingersoll v. Phelps et al

Filing 23

ORDER re 21 Response filed by Jacob Lee Ingersoll, 20 Answer to Complaint filed by Warden of Menard Correctional Center, 18 Response filed by Jacob Lee Ingersoll. ( Action due by 7/21/2017.). Signed by Magistrate Judge Donald G. Wilkerson on 6/20/17. (sgp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
)
)
)
Plaintiff,
)
)
v.
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WARDEN OF MENARD CORRECTIONAL)
CENTER and OFFICER JOHN/JANE DOE, )
)
)
Defendants.
JABOC LEE INGERSOLL,

Case No. 3:17-cv-46-NJR-DGW

ORDER
WILKERSON, Magistrate Judge:
On February 7, 2017, Plaintiff, an inmate who was then incarcerated at the Menard
Correctional Center, was permitted to proceed on one count that an unknown jail officer allowed
masked inmates to enter his cell and beat him (Doc. 5). In his complaint, Plaintiff claims he was
housed behind a “secured” door in the MSU section of the jail on April 17, 2015 – in an attached
grievance, Plaintiff states that his door was “propped open” while inmates were in the dayroom
(Doc. 1, p. 5; Doc. 1-1, p. 2). In responses to the 28 U.S.C. § 1915A threshold Order, Plaintiff
states that he does not know the John Doe officer’s name, badge number, rank, or what the person
looks like (Doc. 18). Plaintiff believes that the officer was either the “wing officer” or the officer
in the “bubble” with access to the “control panel” that controls the doors and cells (Doc. 21).
Finally, Plaintiff states that the incident occurred between 2:00 p.m. and 3:00 p.m., right before a
shift change.
In order to move these proceedings along, Defendant is DRECTED, to the extent possible,
to identify the John Doe Defendant (or Defendants) who is described by Plaintiff as set forth
above. In particular, Defendant shall file a notice indicating the name(s) of the officer(s) who

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was/were responsible for securing and/or closing/opening Plaintiff’s cell door on April 17, 2015
between the hours of 2:00 p.m. and 3:00 p.m. while he was housed in the MSU. If Defendant
cannot identify such a person or persons, she shall so indicate in the Notice. The Notice shall be
filed by July 21, 2017.
DATED: June 20, 2017

DONALD G. WILKERSON
United States Magistrate Judge

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