Patterson v. Johnson et al

Filing 7

ORDER REFERRING CASE to Magistrate Judge Stephen C. Williams. Signed by Chief Judge Michael J. Reagan on 12/11/2017. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
RICKY PATTERSON, # B-79037,

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Plaintiff,
vs.
D. JOHNSON,
and L. McCARTHY,
Defendants.

Case No. 17-cv-1312-MJR

MEMORANDUM AND ORDER
REAGAN, Chief District Judge:
This case was severed on December 6, 2017, from Plaintiff’s original action, which is
now captioned as Patterson v. Buckles, et al., Case No. 17-cv-1067-MJR-SCW. (Doc. 1). The
instant case was labeled as the “Second Severed Case” and contains the claims brought under 42
U.S.C. § 1983 that were designated as Counts 9 and 10, as follows:
Count 9: First Amendment retaliation claim against Johnson, for threatening
Plaintiff with bodily harm, sexual assault, and death on July 20, 2017, and issuing
him a fraudulent disciplinary ticket, after Plaintiff filed grievances against
Johnson;
Count 10: Eighth Amendment cruel and unusual punishment claim against
Johnson, for threatening Plaintiff with bodily harm, sexual assault, and death on
July 20, 2017, and against L. McCarthy, for repeating the threat of harm to
Plaintiff.
(Doc. 1). Both claims survived threshold review under 28 U.S.C. § 1915A, and shall proceed for
further consideration in this severed case.
Pending Motions
The motion for preliminary injunction (Doc. 4) is hereby referred to the United States
Magistrate Judge for further consideration.
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Disposition
The Clerk of Court shall prepare for Defendants JOHNSON and L. McCARTHY: (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, the Memorandum and 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.
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.
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 United States
Magistrate Judge Stephen C. Williams for further pre-trial proceedings.
Further, this entire matter shall be REFERRED to United States Magistrate Judge
Williams 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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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 shall be granted. See 28 U.S.C. § 1915(f)(2)(A).
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: December 11, 2017

s/ MICHAEL J. REAGAN
Chief Judge
United States District Court

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