Oliver v. Pfister et al
| Winfred Oliver |
| . Scrogum, Blackard, Patrick Hastings, Angelica Joyner, Donald Gish, Jeffrey Gabor, Randy Pfister, John Doe, Sherry Benton and Salvador A Godinez |
| 1:2013cv01457 |
| September 23, 2013 |
| US District Court for the Central District of Illinois |
| Peoria Office |
| Livingston |
| James E. Shadid |
| John A. Gorman |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
6
MERIT REVIEW ORDER & OPINION entered by Chief Judge James E. Shadid on 11/5/2013: IT IS ORDERED that Pursuant to its merit review of the Complaint under 28 U.S.C. § 1915A, the Court finds that Plaintiff's Complaint states a claim against De fendants Pfister, Gabor, Gish, Joyner, Hastings, Benton, and Godinez for violating his liberty interest protected by the Fourteenth Amendment by placing him in disciplinary segregation for a year's time and a claim against Defendant Pfister for excessive noise in violation of his Eighth Amendment rights. Any additional claim(s) shall not be included in the case except at the Court's discretion on a motion by a party for good cause shown or pursuant to Federal Rule of Civil Procedure 15 . Plaintiff's Equal Protection claim is dismissed. Defendants Blackard, Gabor, Scrogum, and Doe are dismissed as party Defendants as they are not alleged by Plaintiff to have been involved in the decision to place him in disciplinary segregation or have any control over the excessive noise at NCH. The Court will attempt service on Defendants by mailing him a waiver of service. Defendants have 60 days from service to file an Answer. If Defendants have not filed an Answer or appeared through counsel within 90 days of the entry of this order, Plaintiff may file a motion requesting the status of service. After Defendants have been served, the Court will enter an order setting discovery and dispositive motion deadlines. Plaintiff's Motion for Class Certification and Appointment of Counsel 4 and Motion for Leave to Supplement Pleadings 5 as denied. (SEE FULL WRITTEN ORDER) (COURT Other ddl: 12/5/2013)(JRK, ilcd)
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