Valencia v. Ryan et al

Filing 32

ORDER that Plaintiff's Motion to Grant Plaintiff's Untimely Motion for Leave to File A First Amended Complaint (Doc. 23 ) is denied as moot. The Clerk shall file the documents lodged at Doc. 24 , 25 , and 26 . Plaintiff's Motion f or Leave to File First Amended Complaint (Doc. 24 ) is denied as moot. April Dishman, named as a Defendant in the body of Plaintiff's First Amended Complaint, must be added as a Defendant on the docket. Any official capacity claims against em ployees of Wexford, Corizon, or Trinity are dismissed as duplicative. Defendants Ryan, Wexford, Corizon, Trinity, Dishman, Molina (formerly known as Martin), Hammer, Rojas, and Lewis must answer the First Amended Complaint. Defendant Molina's Motion for Summary Judgment (Doc. 29 ), which seeks judgment in her favor on Plaintiff's Eighth Amendment claim in his initial Complaint, is denied as moot. The Clerk must send Plaintiff this Order, and a copy of the Marshal's Process R eceipt & Return form (USM-285) and Notice of Lawsuit & Request for Waiver of Service of Summons form for Defendants Ryan, Wexford, Corizon, Trinity, Dishman, Hammer, Rojas, and Lewis. Plaintiff must complete and return the service packets to the C lerk of Court within 21 days of the date of the filing of this Order. Signed by Judge David G Campbell on 4/24/15. (Attachments: # 1 Service Packet Letter, # 2 Service Packet 1, # 3 Service Packet 2, # 4 Service Packet 3, # 5 Service Packet 4, # 6 Service Packet 5, # 7 Service Packet 6, # 8 Service Packet 7, # 9 Service Packet 8)(LSP)