Smith v. Olmstead, No. 2:2015cv02116 - Document 9 (C.D. Ill. 2015)

Court Description: MERIT REVIEW OPINION entered by Judge Joe Billy McDade on 10/14/15. IT IS ORDERED: Pursuant to its merit review of the Complaint under 28 U.S.C. § 1915A, the Court finds that Plaintiff states a Fourth Amendment claim for unreasonable seizure ba sed on his interrogation at the police station on September 6, 2013. This case proceeds solely on the claim identified in this paragraph, subject to a motion for leave to file an amended complaint. Plaintiff's claims for false arrest on the t heft charge and murder charge are dismissed, without prejudice to filing an amended complaint. This case is now in the process of service. The Court will attempt service on Defendant by mailing a waiver of service. The clerk is directed to enter th e standard qualified protective order pursuant to the Health Insurance Portability and Accountability Act. Plaintiff's motion for counsel is denied 3 , with leave to renew upon demonstrating that he has made reasonable efforts to obtain counsel on his own. SEE FULL WRITTEN ORDER. (FDT, ilcd)