Boyles v. Haynes et al
| Gary Boyles |
| Steve Haynes, Thereasa Thompson and Troy Howl |
| 4:2011cv04080 |
| October 11, 2011 |
| US District Court for the Central District of Illinois |
| Rock Island Office |
| Hancock |
| Sara Darrow |
| John A. Gorman |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
22
MERIT REVIEW ORDER #2 Entered by Judge Sara Darrow on 2/28/12: IT IS THEREFORE ORDERED: 1) the Plaintiff's 21 Motion for Leave to File his Second Amended Complaint is granted pursuant to Rule 15 of the Federal Rules of Civil Procedure. 2) Pur suant to its merit review of the second amended complaint under 28 U.S.C. Section 1915A, the Court finds that Plaintiff alleges that Sheriff Steve Haynes and Jailer Troy Howl violated his Eighth Amendment rights when they were deliberately indifferen t to the Plaintiff's serious medical condition. The Plaintiff alleges the Defendants knew about his arthritis condition, but refused to allow him to see a doctor or obtain medications for approximately one month causing him to suffer in pain. Th e claim is against the Defendants in their individual capacities only. 3) All other claims based on federal law, other than those set forth in paragraph two above, are dismissed for failure to state a claim pursuant to 28 U.S.C. Section 1915A. The cl erk of the court is therefore directed to dismiss Defendant Thereasa Thompson. 4) This case shall proceed solely on those federal claims identified in paragraph two above. Any claims not set forth in paragraph two above shall not be included in the c ase, except in the court's discretion on motion by a party for good cause shown, or by leave of court pursuant to Federal Rule of Civil Procedure 15. 5) A prisoner Scheduling Order shall be entered directing service and setting a Rule 16 confer ence date. A copy of this Case Management Order shall be served with the complaint and Scheduling Order. 6) The Defendants shall file an answer within the time prescribed by Local Rule. A motion to dismiss is not an answer. The answer must be conside red a responsive pleading under Federal Rule of Civil Procedure 15(a) and should include all defenses appropriate under the Federal Rules. The answer and subsequent pleadings shall be to the issues and claims stated in this Case Management Order. (cc: plaintiff) (TK, ilcd)
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