Shanklin v. Dimas et al
| Reginald Shanklin |
| James T Dimas, Herbert Caskey, Shan Jumper, Paula Lodge and Amber Jelinek |
| 4:2016cv04144 |
| July 27, 2016 |
| U.S. District Court for the Central District of Illinois |
| Rock Island Office |
| Schuyler |
| Sue E. Myerscough |
| Tom Schanzle-Haskins |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
10
MERIT REVIEW OPINION entered by Judge Sue E. Myerscough on 09/20/2016.1.Pursuant to a review of the amended complaint, the Court finds that Plaintiff states a claim that his mental health treatment is constitutionally inadequate. This case proceeds solely on this claim at this point. 2. Plaintiffs state law claim for the intentional infliction of emotional distress is dismissed, without prejudice to amendment. 3. Plaintiffs breach of contract claim, to the extent he pursues the claim, is dismis sed, without prejudice to amendment. 4. This case is now in the process of service. 5. The Court will attempt service on Defendants by sending each Defendant a waiver of service. 6. With respect to a Defendant who no longer works at the address prov ided by Plaintiff, the entity for whom that Defendant worked while at that address shall provide to the Clerk said Defendant's current work address, or, if not known, said Defendant's forwarding address. This information shall be used only for effectuating service. 7. Defendants shall file an answer within 60 days of the day the waiver of service is sent by the Clerk. A motion to dismiss is not an answer. 8. Once counsel has appeared for a Defendant, Plaintiff need not send copies of h is filings to that Defendant or to that Defendant's counsel. 9. Counsel for Defendants is hereby granted leave to depose Plaintiff at Plaintiff's place of confinement. Counsel for Defendants shall arrange the time for the deposition. 10. Pl aintiff shall immediately notify the Court, in writing, of any change in his mailing address and telephone number. Plaintiff's failure to notify the Court of a change in mailing address or phone number will result in dismissal of this lawsuit, w ith prejudice. 11. 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 Defend ant and will require that Defendant to pay the full costs of formal service pursuant to Federal Rule of Civil Procedure 4(d)(2).12. The Clerk is directed to enter the standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act.13. The Clerk is directed to attempt service on Defendants pursuant to the standard procedures (SEE WRITTEN ORDER). (SKN, ilcd)
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