Cuprisin v. Tilden et al
| Nicholas Cuprisin |
| Andrew Tilden, . Shicker, S. A. Godinez, Donald Stolworthy, Roderick Matticks, John R Baldwin, Michael Melvin, Rebecca Bertowski, Gladyse Taylor, Kachelle Colwell, Megan Wilkey, Sabrina J Fox, Paul Quail, Randy Pfister and Wexford Health Sources Inc. |
| 1:2016cv01477 |
| December 15, 2016 |
| U.S. District Court for the Central District of Illinois |
| Peoria Office |
| Livingston |
| Michael M. Mihm |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
14
MERIT REVIEW AMENDED COMPLAINT entered by Judge Michael M. Mihm on 1/4/2018. 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 FRO M 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 DEFENDANT 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.(SAG, ilcd)
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Filing
7
MERIT REVIEW ORDER entered by Judge Michael M. Mihm on 5/22/2017. IT IS THEREFORE ORDERED:1) Defendants Godinez, Stolworthy Taylor and Baldwin are dismissed with prejudice for Plaintiff's failure to state a claim against them pursuant to Fed. R. Civ. P. 8(a)(2),12(b)(6) and 28 U.S.C. § 1915A. Any amendment to the Complaint would be futile because Plaintiff does not allege Defendants' personal involvement, and seeks to hold them liable merely due to result their supervisory roles o ver others. The clerk is directed to terminate them as parties. 2) The deliberate indifference claims against Defendants Pfister, Melvin, Tilden, Shicker, Matticks, Bertowski, Colwell, Wilkey, Fox, Quail and Wexford Health Sources Inc. are DISMISSED, with leave to replead within 30 days. Plaintiff is to identify his pleading as an amended complaint and it is to replace the original complaint in its entirety. Accordingly, the amended complaint must contain all allegations against all remaining De fendants. Piecemeal amendments are not accepted. Failure to timely file an amended complaint will result in the dismissal of this case, without prejudice, for failure to state a claim. 3) Plaintiff's motion for appointment of pro bono counsel 5 is rendered MOOT, with leave to reassert if he files an amended complaint. SEE FULL WRITTEN ORDER.(SL, ilcd)
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