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Thursday, 19 September, 2013 02:09:17 PM
Clerk, U.S. District Court, ILCD
UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS
CHAREE SANGSTER, et al.,
SUE E. MYERSCOUGH, U.S. District Judge:
Plaintiff, proceeding pro se from his detention in the Jerome
Coombs Detention Center, seeks leave to proceed in forma pauperis
on claims arising from a delay in diagnosing and treating a MRSA
infection Plaintiff contracted in January 2013.
The case is before the Court for a merit review pursuant to 28
U.S.C. § 1915A. In reviewing the Complaint, the Court accepts the
factual allegations as true, liberally construing them in Plaintiff's
favor. Turley v. Rednour, --- F.3d ---, 2013 WL 3336713 * 2 (7th Cir.
2103). However, conclusory statements and labels are insufficient.
Enough facts must be provided to "'state a claim for relief that is
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plausible on its face.'" Alexander v. U.S., 2013 WL 3215667 *2 (7th
Cir. 2013)(quoted cite omitted).
In early January 2013, while detained in the Jerome Coombs
Detention Center, Plaintiff submitted a written sick call request
regarding a painful swelling and outbreak on his right arm. He
received no response. On January 8, 2013, Plaintiff showed his
infected arm to Nurse Sangster, who told Plaintiff it was a skin rash
and advised Plaintiff to put a warm towel on the infected area.
Plaintiff continued to suffer from severe pain, swelling, and oozing,
complaining every day for about one week.
On January 14, 2013, Physician Assistant Tiniki White took a
sample from Plaintiff’s arm. A few days later White prescribed
Motrin and antibiotics. On or around January 17, 2013, White
observed that the area of infection on Plaintiff’s arm had opened,
exposing inner flesh. Pictures were taken, the area was covered,
and Plaintiff was informed that he had contracted a MRSA infection.
The infection left a permanent scar on Plaintiff’s arm.
Plaintiff states an arguable claim for deliberate indifference to
his serious medical need for a prompt diagnosis and treatment of
his MRSA infection. Plaintiff alleges that the delay was caused in
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part by the policies or practices (or lack thereof) of the jail.
Accordingly, Defendants Downey and Kolitwenzew, the
administrators of the jail, will remain as Defendants.
IT IS THEREFORE ORDERED:
Pursuant to its merit review of the Complaint under 28
U.S.C. § 1915A, the Court finds that Plaintiff states claims for
deliberate indifference to his serious need for prompt diagnosis and
treatment of his MRSA infection during January 2013. This case
proceeds solely on the claims identified in this paragraph. Any
additional claims shall not be included in the case, except at the
Court’s discretion on motion by a party for good cause shown or
pursuant to Federal Rule of Civil Procedure 15.
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).
3) With respect to a Defendant who no longer works at the
address provided by Plaintiff, the entity for whom that Defendant
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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. Documentation of forwarding
addresses shall be retained only by the Clerk and shall not be
maintained in the public docket nor disclosed by the Clerk.
4) Defendants shall file an answer within the time
prescribed by Local Rule. A motion to dismiss is not an answer.
The answer should include all defenses appropriate under the
Federal Rules. The answer and subsequent pleadings shall be to
the issues and claims stated in this Opinion.
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 the 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 shall be struck by the Court.
6) Once counsel has appeared for a Defendant, Plaintiff
need not send copies of his filings to that Defendant or to that
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Defendant's counsel. Instead, the Clerk will file Plaintiff's document
electronically and send a notice of electronic filing to defense
counsel. The notice of electronic filing shall constitute service on
Defendants pursuant to Local Rule 5.3. If electronic service on
Defendants is not available, Plaintiff will be notified and instructed
This cause is set for further scheduling procedures under
Fed. R. Civ. P. 16 on November 26, 2013, at 1:30 p.m., or as soon
as the Court can reach the case, before U. S. District Judge Sue E.
Myerscough by telephone conference. The conference will be
cancelled if service has been accomplished and no pending issues
need discussion. Accordingly, no writ shall issue for Plaintiff’s
presence unless directed by the Court.
8) Counsel for Defendants is hereby granted leave to depose
Plaintiff at his place of confinement. Counsel for Defendants shall
arrange the time for the deposition.
Plaintiff 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
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or phone number will result in dismissal of this lawsuit, with
IT IS FURTHER ORDERED THAT THE CLERK IS DIRECTED TO
attempt service on Defendant pursuant to this District's
ENTERED: September 19, 2013
FOR THE COURT:
s/Sue E. Myerscough
SUE E. MYERSCOUGH
UNITED STATES DISTRICT JUDGE
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