Mayweather-Brown v. Carter et al, No. 3:2017cv00376 - Document 4 (N.D. Ind. 2017)
Court Description: OPINION AND ORDER re 1 PRO SE COMPLAINT filed by Plaintiff Quintin Mayweather-Brown. Plaintiff GRANTED leave to proceed against Defendant Superintendent Severe as outlined in Order. All other claims are DISMISSED WITHOUT PREJUDICE. All other Defend ants are DISMISSED. Clerk and United States Marshal's Service DIRECTED to issue and serve process on Superintendent Severe with a copy of this Order and Complaint as required by 28 U.S.C. § 1915(d). Superintendent Severe ORDERED to respond as outlined in Order. Superintendent Severe to file the declaration of a psychiatrist (as described in this Order) by 6/8/2017. Signed by Judge Jon E DeGuilio on 5/17/17. (Copy mailed to pro se party; USMS).(cer)
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Mayweather-Brown v. Carter et al Doc. 4 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA SOUTH BEND DIVISION QUINTIN J. MAYWEATHER-BROWN, Plaintiff, v. SUPERINTENDENT SEVERE, Defendant. ) ) ) ) ) ) ) ) ) Cause No. 3:17-CV-376 JD OPINION AND ORDER Quintin J. Mayweather-Brown, a pro se prisoner, is barred1 from proceeding in forma pauperis by 28 U.S.C. § 1915(g) except on claims alleging that he ‘is under imminent danger of serious physical injury.’” Abdul-Wadood v. Nathan, 91 F.3d 1023, 1025 (7th Cir. 1996). In his complaint, he alleges that he is seriously mentally ill. He alleges that he has attempted suicide by banging his head on the wall, cutting himself, and tying things around his neck. He alleges that prison officials have done nothing to stop him and that he is not receiving mental health treatment. These allegations satisfy the “imminent danger standard” and he will be granted leave to proceed in forma pauperis. He will proceed in this case on a claim for injunctive relief requiring prison staff to intervene to prevent him from killing himself and to provide him with mental health treatment. To the extent that he is also attempting to bring any other claims in this case, they will be dismissed without prejudice. If he wants to pursue any such claims, he must file a separate lawsuit and pre-pay the $400.00 filing fee for the other case. 1 See Mayweather-Brown v. Elkhart Co. Sheriffs Dept., 3:17-cv-178 (N.D. Ind. filed February 27, 2017), ECF No. 3 entered March 6, 2017. Dockets.Justia.com Mayweather-Brown names four defendants, but Superintendent Severe, in his official capacity, is the only defendant necessary for his injunctive relief claim. Therefore all other defendants will be dismissed. Finally, though Mayweather-Brown does not ask for preliminary injunctive relief, given that he is proceeding pro se and has met the “imminent danger standard,” the court will sua sponte order Superintendent Severe to have Mayweather-Brown examined by a psychiatrist in response to this order. The psychiatrist needs to prepare a declaration describing the examination and evaluating Mayweather-Brown’s physical and mental health. The psychiatrist needs to provide an opinion as to whether he is a danger to himself and recommend a course of treatment. It is not necessary to attach medical records – the court needs a narrative description of his history, condition, and recommended treatment. Additionally, the declaration may include any additional, relevant information necessary for the court to consider. For these reasons, the court: (1) GRANTS Quintin J. Mayweather-Brown leave to proceed against Superintendent Severe, in his official capacity, for injunctive relief requiring prison staff to intervene to prevent Mayweather-Brown from killing himself and to provide Mayweather-Brown with mental health treatment; (2) DISMISSES all other claims WITHOUT PREJUDICE; (3) DISMISSES all other defendants; (4) DIRECTS the clerk and the United States Marshals Service to issue and serve process on Superintendent Severe with a copy of this order and the complaint as required by 28 U.S.C. § 1915(d); 2 (5) ORDERS, pursuant to 42 U.S.C. § 1997e(g)(2), that Superintendent Severe respond, as provided for in the Federal Rules of Civil Procedure and N.D. Ind. L.R. 10-1(b), only to the claim for which the plaintiff has been granted leave to proceed in this screening order; and (6) ORDERS Superintendent Severe to file the declaration of a psychiatrist (as described in this order) by June 8, 2017. SO ORDERED. ENTERED: May 17, 2017 /s/ JON E. DEGUILIO Judge United States District Judge 3
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