Price v. Pinckneyville RN Medical Staff et al

Filing 32

ORDER REFERRING CASE to Magistrate Judge Reona J. Daly. Signed by Judge David R. Herndon on 9/26/2018. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JOE PRICE,
NO. A-81574,
Plaintiff,
vs.

CIVIL NO. 18-cv-1050-DRH

CHRISTINE BROWN,
OFFICER COOLEY,
OFFICER HALE,
KAREN JAIMET,
NURSE KREIDER,
DR. MEYERS,
TRACI PEEK,
SCOTT THOMPSON, and
JANE DOE (1-5),
Defendants.
MEMORANDUM AND ORDER
HERNDON, District Judge:
Plaintiff Joe Price, an inmate at Pinckneyville Correctional Center
(“Pinckneyville”), brings this action for deprivations of his constitutional rights
pursuant to 42 U.S.C. § 1983. On September 25, 2018, Plaintiff, represented by
counsel, filed his Amended Complaint. (Doc. 30). Plaintiff is a 63-year-old,
hearing impaired prisoner who suffers from mental illness and several chronic
conditions, including frequent seizures. Plaintiff claims Defendants have violated
his rights under the Eighth Amendment and the Americans with Disabilities Act
(“ADA”) by failing to accommodate his hearing impairment and other physical and
mental health conditions. Without commenting on the merits of Plaintiff’s claims,
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the Court finds that the Amended Complaint, which includes Counts 1 through 5,
survives preliminary review under 28 U.S.C. § 1915A.
Identification of Unknown Defendants
Scott Thompson, the Acting Warden of Pinckneyville, will be responsible for
responding to discovery (informal or formal) aimed at identifying the unknown
defendants. See Rodriguez v. Plymouth Ambulance Serv., 577 F.3d 816, 832 (7th
Cir. 2009). Guidelines for discovery will be set by the United States Magistrate
Judge. Once the names of the unknown defendants are discovered, Plaintiff must
file a motion to substitute the newly identified defendants in place of the generic
designations in the case caption and throughout the Complaint.
Disposition
IT IS HEREBY ORDERED that the Amended Complaint, which includes
COUNTS 1 through 5, shall receive further review.
IT IS FURTHER ORDERED that the Clerk of Court shall prepare for
BROWN, BUTALID, COOLEY, HALE, JAIMET, KREIDER, MEYERS, PEEK,
and THOMPSON: (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 defendants’ place of employment as identified by Plaintiff. If one
of the defendants 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

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Court will require the 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.
Service shall not be made on the unknown defendants until Plaintiff has
identified them by name in a properly filed Motion for Substitution of Parties.
Plaintiff is ADVISED that it is his responsibility to provide the Court with the
name and service addresses for these individuals.
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 a United
States Magistrate for further pre-trial proceedings.

Further, this entire matter

shall be REFERRED to a United States Magistrate Judge, pursuant to Local Rule
72.2(b)(3) and 28 U.S.C. § 636(c), if all parties consent to such a referral.
If judgment is rendered against Plaintiff, and the judgment includes the
payment of costs under Section 1915, Plaintiff will be required to pay the full

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amount of the costs, despite the fact that his application to proceed in forma

pauperis has been 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.

Judge Herndon
2018.09.26 15:55:09 -05'00'
United States District Judge

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