Harris v. Baldwin et al

Filing 58

ORDER GRANTING 57 MOTION to Substitute Party filed by Larry G. Harris. Order for Service of Process upon Jeanne Campanella. The Clerk is DIRECTED to SUBSTITUTE Defendant Jeanne Campanella in place of Robert Mueller. Defendant Mueller shall be te rminated from the case. The Clerk of Court shall prepare for Defendant Campanella: (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 First Amended Complaint (Doc. 11), a copy of the Memorandum and Order at Doc. 18, and this Order to Defendant Campanella's place of employment as identified by Plaintiff. If Defendant fails to sign and return the Waiver of Service o f 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 Defendant to pay the full costs of formal service, to the extent authorized by the Federal Rules of Civil Procedure. Signed by Magistrate Judge Reona J. Daly on 5/16/2019. (ely)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
LARRY HARRIS,

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Plaintiff,
v.
J. BALDWIN, et al.,
Defendants.

Case No. 18-cv-711-SMY-RJD

ORDER
DALY, Magistrate Judge:
This matter is before the Court on Plaintiff’s Motion to Substitute Defendants (Doc. 57).
Plaintiff, an inmate in the custody of the Illinois Department of Corrections, filed this lawsuit
pursuant to 42 U.S.C. §1983. Following threshold review, Plaintiff was allowed to proceed on
the following claims:
Count 1:

Dennison, Baldwin, Grissom, Campbell, Walker, and Atkins condoned
Garnett’s retaliatory transfer of Plaintiff to Shawnee Correctional Center
based on Plaintiff’s litigation and grievance activity in violation of the First
Amendment;

Count 2:

Plaintiff’s cell conditions, including lack of ventilation, cold showers, bad
mattresses, dust, and otherwise unsanitary conditions, have exposed him to
cruel and unusual punishment in violation of the Eighth Amendment and
were imposed by Dennison, Grissom, Campbell, Walker, Hille, Drafis, and
Farnar; and

Count 4:

Dennison turned a blind eye to the unsanitary food service at Shawnee in
violation of the Eighth Amendment.

On February 25, 2019, Plaintiff filed a Motion to Substitute Defendants (Doc. 40) seeking
to replace Defendant Atkins, named as the Southern Region Deputy Director, to his replacement
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Defendant Robert Mueller. Plaintiff stated that it was his belief that Robert Mueller had held the
position for an extended period of time and that he wanted to drop all alleged claims against
Defendant Atkins. The Court directed Defendants to file a response to Plaintiff’s motion to clarify
who was acting as the Southern Region Deputy Director at the time of Plaintiff’s allegations.
Defendants filed a Response (Doc. 50) listing the Southern Region Deputy Directors from
January 15, 2017 through the present. Defendants indicated Jeanne Campanella served as Deputy
Director from January 16, 2017 to February 1, 2018; Robert Mueller served as Deputy Director
from February 1, 2018 to January 31, 2019; and Central Deputy Director John Eilers and Northern
Deputy Director Randy Pfister are rotating director calls from January 31, 2019 to present. Based
upon Defendants’ Response clarifying Mueller was acting as Southern Region Deputy Director
during a portion of the time of Plaintiff’s allegations, the Court granted Plaintiff’s Motion (See
Doc. 51) and directed Defendant Mueller to be named in place of Defendant Atkins.
Plaintiff now seeks to substitute Jeanne Campanella in addition to Robert Mueller as a
defendant. Plaintiff’s Count 1 claim names Mueller for allegedly condoning a retaliatory transfer
of Plaintiff to Shawnee. According to the Complaint, Plaintiff was transferred to Shawnee on
March 8, 2017. According to Defendants, Jeanne Campanella was serving as the Southern
Region Deputy Director on March 8, 2017. Robert Mueller did not begin serving as Deputy
Director until February 1, 2018, nearly a year after Plaintiff had been transferred to Shawnee.
Plaintiff’s motion to substitute is GRANTED IN PART.
The Clerk is DIRECTED to SUBSTITUTE Defendant Jeanne Campanella in place of
Robert Mueller. Defendant Mueller shall be terminated from the case. The Clerk of Court shall
prepare for Defendant Campanella: (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
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DIRECTED to mail these forms, a copy of the First Amended Complaint (Doc. 11), a copy of the
Memorandum and Order at Doc. 18, and this Order to Defendant Campanella's place of
employment as identified by Plaintiff. If 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
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.
IT IS SO ORDERED.
DATED: May 16, 2019
s/ Reona J. Daly
Hon. Reona J. Daly
United States Magistrate Judge

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