IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS

JAYNELL ROSS, #K68687, ) ) Plaintiff, ) vs. ) Case No. 3:21-cv-01508-SMY ) CARISSA LUKING, ) ) Defendant. )

MEMORANDUM AND ORDER

YANDLE, District Judge: Plaintiff Jaynell Ross, an inmate of the Illinois Department of Corrections, filed the instant lawsuit pursuant to

for alleged deprivations of his constitutional rights at Robinson Correctional Center. This case is now before the Court for preliminary review of the Complaint under 28 U.S.C. § 1915A. Any portion of the Complaint that is legally frivolous, malicious, fails to state a claim for relief, or requests money damages from an immune defendant must be dismissed. 28 U.S.C. § 1915A(b). Complaint Plaintiff makes the following allegations in the Complaint (Doc. 1): Plaintiff was seen by Nurse Practitioner Carissa Luking for a hand condition on January 12, 2020. She diagnosed him with an infection and prescribed the antibiotic Bactrim. Luking did not ask Plaintiff whether he was allergic to any medications, nor did she consult with a physician regarding prescribing the medication. Plaintiff had previously been diagnosed by the medical director at Robinson Correctional Center with an allergy to the antibiotic Amoxicillin. His medical records noted that “he was allergic to certain if not all antibiotics.” (Doc. 1, p. 11). Plaintiff suffered a severe allergic reaction to the Bactrim which required emergency hospitalization. Based on the allegations in the Complaint, the Court designates the following claim in this pro se action: Count 1: Eighth Amendment deliberate indifference to serious medical needs claim against Luking for prescribing medication to Plaintiff that he was allergic to on January 12, 2020.

Any claim that is mentioned in the Complaint but not addressed in this Order is dismissed without prejudice as inadequately pled under the Twombly pleading standard. See Bell Atlantic Corp. v. Twombly,

(2007). Plaintiff’s allegations are sufficient at this stage to proceed on the claim in Count 1 against Defendant Luking. Disposition

Count 1 will proceed against Defendant Carissa Luking. The Clerk shall prepare for Luking: (1) Form 5 (Notice of a Lawsuit and Request to Waive Service of a Summons), and (2) Form 6 (Waiver of Service of Summons). The Clerk is DIRECTED to mail these forms, a copy of the Complaint, and this Memorandum and Order to Defendant’s place of employment as identified by Plaintiff. If Defendant fails to sign and return the Waiver of Service of Summons (Form 6) to the Clerk within 30 days from the date the forms were sent, the Clerk shall take appropriate steps to effect formal service on the Defendant, and the Court will require the

Defendant to pay the full costs of formal service, to the extent authorized by the Federal Rules of Civil Procedure. If Defendant cannot be found at the work address provided by Plaintiff, the employer shall furnish the Clerk with the Defendant’s current work address, or, if not known, the Defendant’s last-known address. This information shall be used only for sending the forms as directed above or for formally effecting service. Any documentation of the address shall be retained only by the Clerk and shall not be maintained in the court file or disclosed by the Clerk. Defendant is ORDERED to timely file an appropriate responsive pleading to the Complaint and shall not waive filing a reply pursuant to 42 U.S.C. § 1997e(g). Pursuant to

Administrative Order No. 244, Defendant need only respond to the issues stated in this Merit Review Order. Plaintiff is ADVISED that if judgment is rendered against him and the judgment includes the payment of costs under

, he will be required to pay the full amount of the costs, regardless of whether his application to proceed in forma pauperis is granted. See

(f)(2)(A). Plaintiff is further ADVISED that he is under a continuing obligation to keep the Clerk of Court and the opposing party informed of any change in his address; the Court will not independently investigate his whereabouts. This shall be done in writing and not later than 7 days after a transfer or other change in address occurs. Failure to comply with this order will cause a

delay in the transmission of court documents and may result in dismissal of this action for want of prosecution. See Fed. R. Civ. P. 41(b). IT IS SO ORDERED. DATED: February 23, 2022

s/ Staci M. Yandle_____ STACI M. YANDLE United States District Judge Notice to Plaintiff The Court will take the necessary steps to notify the Defendant of your lawsuit and serve her with a copy of your Complaint. After service has been achieved, Defendant will enter an appearance and file an Answer to your Complaint. It will likely take at least 60 days from the date of this Order to receive the Defendant’s Answer, but it is entirely possible that it will take 90 days

or more. When Defendant has filed an Answer, the Court will enter a Scheduling Order containing important information on deadlines, discovery, and procedures. Plaintiff is advised to wait until counsel has appeared for Defendant before filing any motions, to give the Defendant notice and an opportunity to respond to those motions. Motions filed before Defendant’s counsel has filed an appearance will generally be denied as premature. Plaintiff need not submit any evidence to the Court at this time, unless specifically directed to do so.