Harris v. Molenero et al
| Frederick S Harris |
| Nicholas Molenero, . Wilson, . Maclenahan, Susan Prentice, Guy D Pierce, John Baldwin, Travis Baylor, Andrew Tilden and Kristi Eschelman |
| 1:2016cv01322 |
| August 30, 2016 |
| US District Court for the Central District of Illinois |
| Peoria Office |
| Livingston |
| Michael M. Mihm |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
18
MERIT REVIEW ORDER-AMENDED COMPLAINT entered by Judge Michael M. Mihm on 3/1/2017. IT IS THEREFORE ORDERED: 1.This case shall proceed solely on the alleged failure to protect by Defendants Molenero and Baylor and deliberate indifference by Defendant s Schertz and Eshelman. The clerk is to reinstate Kristi Eshelman and Travis Baylor as a Defendant. Defendants Tilden, Prentice, Baylor, Pierce, Wilson, McClanahan and Baldwin were DISMISSED on 12/23/2016. Any claims not identified will not be incl uded in the case, except in the Court's discretion upon motion by a party for good cause shown, or by leave of court pursuant to Federal Rule of Civil Procedure 15. 2. The Clerk is directed to send to each Defendant pursuant to this District� 39;s internal procedures: 1) a Notice of Lawsuit and Request for Waiver of Service; 2) a Waiver of Service; 3) a copy of the Complaint; and 4) a copy of this Order. 3. If a Defendant fails to sign and return a Waiver of Service to the Clerk within 3 0 days after the Waiver is sent, the Court will take appropriate steps to effect formal service on that Defendant and will require that Defendant pay the full costs of formal service pursuant to Federal Rule of Civil Procedure 4(d)(2). If a Defendan t no longer works at the address provided by Plaintiff, the entity for which Defendant worked at the time identified in the Complaint shall provide to the Clerk Defendant's current work address, or, if not known, Defendant's forwarding addr ess. This information will be used only for purposes of effecting service. Documentation of forwarding addresses will be maintained only by the Clerk and shall not be maintained in the public docket nor disclosed by the Clerk. 4.Defendants shall fi le an answer within the prescribed by Local Rule. A Motion to Dismiss is not an answer. The answer it to include all defenses appropriate under the Federal Rules. The answer and subsequent pleadings are to address the issues and claims identified i n this Order. 5.Plaintiff shall serve upon any Defendant who has been served, but who is not represented by counsel, a copy of every filing submitted by Plaintiff for consideration by the Court, and shall also file a certificate of service stating th e date on which the copy was mailed. Any paper received by a District Judge or Magistrate Judge that has not been filed with the Clerk or that fails to include a required certificate of service will be stricken by the Court. 6.Once counsel has appea red for a Defendant, Plaintiff need not send copies of filings to that Defendant or to that Defendant's counsel. Instead, the Clerk will file Plaintiff's document electronically and send notice of electronic filing to defense counsel. Th e notice of electronic filing shall constitute notice to Defendant pursuant to Local Rule 5.3. If electronic service on Defendants is not available, Plaintiff will be notified and instructed accordingly. 7.Counsel for Defendants is hereby granted lea ve to depose Plaintiff at Plaintiff's place of confinement. Counsel for Defendants shall arrange the time for the depositions. 8.Plaintiff shall immediately notice the Court of any change in mailing address or phone number. The Clerk is directe d to set an internal court deadline 60 days from the entry of this Order for the Court to check on the status of service and enter scheduling deadlines. IT IS FURTHER ORDERED THAT THE CLERK IS DIRECTED TO: 1) ATTEMPT SERVICE ON DEFENDANTS PURSUANT TO THE STANDARD PROCEDURES; AND, 2) SET AN INTERNAL COURT DEADLINE 60 DAYS (Rule 16 Deadline 5/1/2017.) FROM THE ENTRY OF THIS ORDER FOR THE COURT TO CHECK ON THE STATUS OF SERVICE AND ENTER SCHEDULING DEADLINES. LASTLY, IT IS ORDERED THAT IF A DEFEN DANT FAILS TO SIGN AND RETURN A WAIVER OF SERVICE TO THE CLERK WITHIN 30 DAYS AFTER THE WAIVER IS SENT, THE COURT WILL TAKE APPROPRIATE STEPS TO EFFECT FORMAL SERVICE THROUGH THE U.S. MARSHAL'S SERVICE ON THAT DEFENDANT AND WILL REQUIRE THAT DEFENDANT TO PAY THE FULL COSTS OF FORMAL SERVICE PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 4(d)(2). See full written Order.(VH, ilcd)
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