Order Form (01/2005)

United States District Court, Northern District of Illinois

Name of Assigned Judge

or Magistrate Judge

Sharon Johnson Coleman Sitting Judge if Other

than Assigned Judge

CASE NUMBER 12 C 0956 DATE August 15, 2012

CASE

TITLE

Johnnie Stallings (2012-0106225) vs. Marcus Hardy

DOCKET ENTRY TEXT

Plaintiff may proceed with his amended complaint. (Dkt. No. 5). The Clerk is instructed to file the

complaint. The clerk shall issue a summons for service on defendant Warden Hardy and send the plaintiff a

Magistrate Judge Consent Form, Amended Civil Rights Complaint Form, and Instructions for Submitting

Documents along with a copy of this order. The United States Marshals Service is appointed to serve all

defendants. Warden Hardy is a defendant solely so that plaintiff can identity the presently unknown medical

staff.

O[ For further details see text below.]

Docketing to mail notices.

STATEMENT

Pro se plaintiff Johnnie Stallings has brought a civil rights suit pursuant to 42 U.S.C. § 1983. His

original complaint was dismissed because it impermissibly contained unrelated claims against unrelated

defendants. (Dkt. No. 4 at 1 (citing Owens v. Hinsley, 635 F.3d 950, 952 (7th Cir. 2011); George v. Smith,

507 F.3d 605, 607 (7th Cir. 2007)). Plaintiff’s proposed amended complaint (Dkt. No. 5), is before the Court

for an initial review pursuant to 28 U.S.C. § 1915A. 

Plaintiff alleges that he was at Northern Reception and Classification Center (NRC) at the Stateville

Correctional Center on December 12, 2011. He was previously scheduled to receive a necessary surgery at

Cook County Hospital on that date. Plaintiff claims that he informed the NRC medical staff, but they refused

to transfer him to hospital for the surgery. The failure to have the necessary surgery resulted in unnecessary

pain. Plaintiff may proceed with a deliberate indifference claim regarding the alleged denial of the surgery by

the NRC staff. Smith v. Knox County Jail, 666 F.3d 1037, 1040 (7th Cir. 2012) (per curiam).

Plaintiff does not name the medical staff that was personally involved in denying him the surgery. He

names Marcus Hardy, the Warden at Stateville, and states that he intends to perform discovery on Hardy to

identify the medical staff. Plaintiff should be aware that he cannot obtain damages from any defendant unless

he serves them (or obtains waivers of service) in accordance with Fed. R. Civ. P. 4. 

Plaintiff may proceed against Warden Hardy solely so that he may discovery the identity of the John

Doe medical staff. Once an attorney has entered an appearance on his behalf, the plaintiff may send defense

counsel interrogatories (that is, a list of questions) eliciting information regarding the identity of the John Doe

defendants who allegedly violated his constitutional rights. See Fed. R. Civ. P. 33. After the plaintiff learns

the Doe defendants’ identities, he may submit a proposed amended complaint that names the Doe defendants

under their actual names. Summonses will then issue for service on the Doe defendants and Warden Hardy

12C0956 Johnnie Stallings (2012-0106225) vs. Marcus Hardy Page 1 of 2
STATEMENT

will be dismissed as a defendant. Plaintiff is advised that there is a two year statute of limitations for his

claims. Jenkins v. Vill. of Maywood, 506 F.3d 622, 623 (7th Cir. 2007). Plaintiff must submit a proposed

amended complaint naming the identity of the John Doe defendants within the statute of limitations period if

he wishes to proceed against them. Jackson v. Kotter, 541 F.3d 688, 696 (7th Cir. 2008); Klebanowski v.

Sheahan, 540 F.3d 633, 639 (7th Cir. 2008); Worthington v. Wilson, 8 F.3d 1253, 1257 (7th Cir. 1993). 

Should plaintiff decide to submit a proposed amended complaint, he must write both the case number 

and the Judge’s name on the proposed amended complaint, sign it, and return it to the Prisoner

Correspondent. As with every document filed with the Court, the plaintiff must provide an extra copy for the

Judge; he must also submit a service copy for each defendant named in the proposed amended complaint. 

The plaintiff is cautioned that an amended pleading supersedes the original complaint and must stand

complete on its own. Therefore, all allegations against all defendants must be set forth in the proposed

amended complaint, without reference to the original complaint. Any exhibits the plaintiff wants the Court to

consider in its threshold review of the proposed amended complaint must be attached, and each copy of the

proposed amended complaint must include complete copies of any and all exhibits. The plaintiff is advised to

keep a copy for his files. The clerk will provide the plaintiff with an amended civil rights complaint form and

instructions along with a copy of this order.

The clerk shall issue a summons for service on defendant Warden Hardy and send the plaintiff a

Magistrate Judge Consent Form and Instructions for Submitting Documents along with a copy of this order. 

The United States Marshals Service is appointed to serve all defendants. Any service forms necessary for the

plaintiff to complete will be sent by the Marshal as appropriate to serve the defendants with process. The

U.S. Marshal is directed to make all reasonable efforts to serve the defendants. With respect to any former

employees who no longer can be found at the work address provided by the plaintiff, the Illinois Department

of Corrections shall furnish the Marshal with the defendant’s last-known address. The information shall be

used only for purposes of effectuating service [or for proof of service, should a dispute arise] and any

documentation of the address shall be retained only by the Marshal. Address information shall not be

maintained in the court file, nor disclosed by the Marshal. Plaintiff is to provide the U.S. Marshals Service

with a copy of the complaint and a proper form for request of waiver pursuant to Federal Rule of Civil

Procedure 4(d)(1). The U.S. Marshals Service is requested to mail the complaint and appropriate papers for

waiver of service by first-class mail to the named Defendants pursuant to Rule 4(d)(1)(G).

Plaintiff is instructed to file all future papers concerning this action with the Clerk of Court in care of

the Prisoner Correspondent. Plaintiff must provide the Court with the original plus a complete Judge’s copy,

including any exhibits, of every document filed. In addition, plaintiff must send an exact copy of any court

filing to defendants [or to defense counsel, once an attorney has entered an appearance on behalf of

defendants]. Every document filed with the Court must include a certificate of service stating to whom exact

copies were mailed and the date of mailing. Any paper that is sent directly to the Judge or that otherwise fails

to comply with these instructions may be disregarded by the Court or returned to plaintiff. 

12C0956 Johnnie Stallings (2012-0106225) vs. Marcus Hardy Page 2 of 2