Brown

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF ILLINOIS

URBANA DIVISION

KYDEL BROWN, )

)

Plaintiff, )

)

v. ) 26-2043

)

WEXFORD HEALTHCARE PROVIDER, et )

al. )

)

Defendants. )

MERIT REVIEW ORDER

Plaintiff, proceeding pro se and presently incarcerated at Danville Correctional Center,

was granted leave to proceed in forma pauperis. As a threshold matter, Plaintiff’s Motion for

Leave to File an Amended Complaint (Doc. 7) is granted.

The case is now before the Court for a merit review of Plaintiff’s claims. The Court must

“screen” Plaintiff’s amended complaint, and through such process to identify and dismiss any

legally insufficient claim, or the entire action if warranted. 28 U.S.C. § 1915A. A claim is legally

insufficient if it “(1) is frivolous, malicious, or fails to state a claim upon which relief may be

granted; or (2) seeks monetary relief from a defendant who is immune from such relief.” Id.

The Court accepts the factual allegations as true, liberally construing them in the

plaintiff's favor. Turley v. Rednour, 729 F.3d 645, 649 (7th Cir. 2013). Conclusory statements

and labels are insufficient—the facts alleged must “state a claim for relief that is plausible on its

face.” Alexander v. U.S., 721 F.3d 418, 422 (7th Cir. 2013) (citation omitted).

Plaintiff alleges that he fractured his right hand lifting weights, and that medical staff

delayed an x-ray for approximately two weeks while providing only ibuprofen for pain. Plaintiff

alleges that he saw an outside orthopedic specialist approximately three weeks after the x-ray.

Plaintiff alleges that prison medical staff thereafter failed to provide additional treatment other

than over-the-counter pain medication and a torodol shot on one occasion. Plaintiff’s allegations

suggest that the orthopedic specialist recommended surgery that he has not received.

Plaintiff states an Eighth Amendment claim for deliberate indifference to a serious

medical need against Defendants Ek, Spencer, Lyman, Neal, and Stewart in their individual

capacities. Petties v. Carter, 836 F.3d 722, 729-30 (7th Cir. 2016) (en banc). Plaintiff’s

allegations do not permit a reasonable inference that the delays resulted from a Wexford or

Centurion policy, and, therefore, the Court finds that he fails to state a claim against these

defendants. Monell v. Dep’t of Social Srvcs. of City of New York, 436 U.S. 658 (1978).

Plaintiff’s Motion to Request Counsel (Docs. 4, 10)

Plaintiff has no constitutional or statutory right to counsel in this case. In considering the

Plaintiff’s motion, the court asks: (1) has the indigent Plaintiff made a reasonable attempt to

obtain counsel or been effectively precluded from doing so; and if so, (2) given the difficulty of

the case, does the plaintiff appear competent to litigate it himself? Pruitt v. Mote, 503 F.3d 647,

654-55 (7th Cir. 2007).

Plaintiff has not shown that he made a reasonable effort to obtain counsel on his own. A

plaintiff usually does this by attaching copies of letters sent to attorneys seeking representation

and copies of any responses received. Because Plaintiff has not satisfied the first prong, the

Court does not address the second. Eagan v. Dempsey, 987 F.3d 667, 682 (7th Cir. 2021).

Plaintiff’s motion is denied with leave to renew.

IT IS THEREFORE ORDERED:

1. Pursuant to its merit review of the Complaint under 28 U.S.C. § 1915A, the

court finds that the plaintiff states an Eighth Amendment claim for deliberate indifference

to a serious medical need against Defendants Ek, Spencer, Lyman, Neal, and Stewart in

their individual capacities. 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.

2. This case is now in the process of service. The plaintiff is advised to wait until

counsel has appeared for the defendants before filing any motions, in order to give notice to

the defendants and an opportunity to respond to those motions. Motions filed before

defendants' counsel has filed an appearance will generally be denied as premature. The

plaintiff need not submit any evidence to the court at this time, unless otherwise directed by

the court.

3. The court will attempt service on the defendants by mailing each defendant a

waiver of service. The defendants have 60 days from the date the waiver is sent to file an

answer. If the defendants have not filed answers or appeared through counsel within 90

days of the entry of this order, the plaintiff may file a motion requesting the status of

service. After the defendants have been served, the court will enter an order setting

discovery and dispositive motion deadlines.

4. With respect to a defendant who no longer works at the address provided by

the 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.

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.

5. The defendants shall file an answer within 60 days of the date the waiver is

sent by the clerk. 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. In general, an answer sets forth the

defendants' positions. The court does not rule on the merits of those positions unless and

until a motion is filed by the defendants. Therefore, no response to the answer is necessary

or will be considered.

6. This district uses electronic filing, which means that, after defense counsel

has filed an appearance, defense counsel will automatically receive electronic notice of any

motion or other paper filed by the plaintiff with the clerk. The plaintiff does not need to

mail to defense counsel copies of motions and other papers that the plaintiff has filed with

the clerk. However, this does not apply to discovery requests and responses. Discovery

requests and responses are not filed with the clerk. The plaintiff must mail his discovery

requests and responses directly to defendants' counsel. Discovery requests or responses

sent to the clerk will be returned unfiled, unless they are attached to and the subject of a

motion to compel. Discovery does not begin until defense counsel has filed an appearance

and the court has entered a scheduling order, which will explain the discovery process in

more detail.

7. Counsel for the defendants is hereby granted leave to depose the plaintiff at

his place of confinement. Counsel for the defendants shall arrange the time for the

deposition.

8. The plaintiff shall immediately notify the court, in writing, of any change in

his mailing address and telephone number. The plaintiff's failure to notify the court of a

change in mailing address or phone number will result in dismissal of this lawsuit, with

prejudice.

9. 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. Marshals 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).

10. The clerk is directed to enter the standard qualified protective order

pursuant to the Health Insurance Portability and Accountability Act.

11. The clerk is directed to terminate Defendants Wexford Healthcare Provider

and Centurion Healthcare Provider as defendants.

12. The clerk is directed to attempt service on Defendants Ek, Spencer, Lyman,

Neal, and Stewart pursuant to the standard procedures.

13. Plaintiff’s Motion [4][10] are DENIED with leave to renew.

Entered this 4th day of June, 2026.

s/Sara Darrow

SARA DARROW

UNITED STATES DISTRICT JUDGE