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 3963 DATE January 11, 2013

CASE

TITLE

Ned James (#2011-0609209) vs. Saint Bernard Hospital, et al.

DOCKET ENTRY TEXT

Plaintiff may proceed with his amended complaint [9] against Nurse Lydia De Leon, Dr. Gilberto, and Dr.

Matthew McCormick. The clerk shall issue summonses for service of the amended complaint on these

Defendants. All other Defendants are dismissed. The clerk shall send Plaintiff a Magistrate Judge Consent Form

and instructions for filing documents in this Court. 

O[ For further details see text below.]

Docketing to mail notices.

STATEMENT

Plaintiff Ned James, currently confined at the Cook County Jail, has submitted an amended complaint 

in accordance with the Court’s October 29, 2012, order. Plaintiff alleges that he was treated at St. Bernard

Hospital for treatment to injuries he sustained during his January 7, 2011, arrest. Plaintiff contends that Nurse

Deleon refused to enter Plaintiff’s hospital room, despite her knowledge that he was in pain and in need of

treatment. Dr. Gilberto allegedly refused to stitch Plaintiff’s eye, and Dr. McCormick allegedly refused to treat

Plaintiff’s mental health needs. Plaintiff also names Nurse Jay Paminutan, but Plaintiff does not allege what

Paminutan did or failed to do. 

The Court has conducted a preliminary review of the complaint as required under 28 U.S.C. § 1915A.

Plaintiff has stated at least colorable claims against Defendants Nurse Deleon, Dr. Gilberto, and Dr. McCormick. 

See Jackson v. Kotter, 541 F.3d 688, 697 (7th Cir. 2008) (setting out the standard for a deliberate indifference claim

against medical professionals). Plaintiff also names Nurse Jay Paminutan; however, Plaintiff does not state any

actions or inactions by this Defendant. Instead, Plaintiff simply states that Paminutan violated his constitutional

rights. As noted in the Court’s prior orders, a complaint must present more than mere labels, conclusions, or a

formulaic recitation of the elements of a cause of action, Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555

(2007), and must at least “plausibly suggest that the plaintiff has a right to relief, raising that possibility above

a “speculative level.’” E.E.O.C. v. Concentra Health Services, Inc., 496 F.3d 773, 776 -77 (7th Cir. 2007); see

also Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). Plaintiff again fails to do sufficiently allege claims against

Paminutan, and this Defendant, as well as any other Defendant not listed above, is dismissed. 

The clerk shall issue summonses for service of the complaint on St. Bernard Hospital’s Dr. Gilberto,

Nurse Lydia Deleon, and Dr. Matthew McCormick. The United States Marshals Service is appointed to serve

the Defendants. Any service forms necessary for Plaintiff to complete will be sent by the Marshal as appropriate

to serve these Defendants with process. With respect to any Defendant who can no longer be found at the work

address provided by Plaintiff, St. Bernard Hospital officials 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

12C3963 Ned James (#2011-0609209) vs. Saint Bernard Hospital, et al. Page 1 of 2
STATEMENT

service, should a dispute arise; documentation of the address shall be retained only by the Marshal and shall not

be kept in the Court’s file. The Marshal is authorized to mail requests for waivers of service to the Defendants

in the manner prescribed by Fed. R. Civ. P. 4(d)(2). If unable to obtain waivers, the Marshal shall attempt

personal service.

Plaintiff must submit a judge’s copy of all filings and must send a copy of all filings to Defendants, or to

their attorney, after one enters an appearance on their behalf. Plaintiff must include a certificate of service with

each filing that states to whom and the date copies were mailed. Letters sent directly to the judge, as well as any

submissions to the Court that do not comply with the Court’s instructions, may be returned to Plaintiff without

being filed.

12C3963 Ned James (#2011-0609209) vs. Saint Bernard Hospital, et al. Page 2 of 2