Hutchinson v. Houle et al

Filing 8

ORDER to Dismiss in Part and to Draw in Part. The Complaint and claims asserted against Defendant Houle shall be drawn to a district judge and to a magistrate judge. Defendants John Davis and Tom Clements are dismissed from the action, and the Clerk of the Court is instructed to remove them as named parties to this action. By Judge Lewis T. Babcock on 2/27/2012. (sah, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-03108-BNB
JOHN HUTCHINSON,
Plaintiff,
v.
SGT. HOULE, at Buena Vista Minimum Center,
JOHN DAVIS, Warden of Buena Vista Corrections Center, and
TOM CLEMENTS, Director of Department of Corrections,
Defendants.

ORDER TO DISMISS IN PART AND TO DRAW IN PART

Plaintiff, John Hutchinson, is in the custody of the Colorado Department of
Corrections (DOC). He currently is incarcerated at the DOC correctional facility in
Buena Vista, Colorado. On November 29, 2011, Mr. Hutchinson, acting pro se,
submitted to the Court a Prisoner Complaint pursuant to 42 U.S.C. § 1983 and 28
U.S.C. § 1343. Magistrate Judge Craig B. Shaffer reviewed the Complaint and entered
an order on January 18, 2012, instructing Mr. Hutchinson to file an Amended Complaint
within thirty days and to state how each named Defendant personally participated in the
alleged constitutional violations. Mr. Hutchinson was instructed that if he failed to file an
Amended Complaint and comply with the January 18 Order the Court would proceed
with a review of the merits of only the claims asserted against Defendant Houle.
Mr. Hutchinson now has failed to file an Amended Complaint within the time
allowed. The Court will proceed to review the merits of the claims Mr. Hutchinson
asserted in the original Complaint.

Mr. Hutchinson was instructed in the January 18 Order that he must assert
personal participation by each named defendant and explain what each defendant did to
him, when the defendant did the action, how the action harmed him, and what specific
legal right he believes the defendant violated. Because Mr. Hutchinson has elected not
to file an Amended Complaint and cure the deficiencies in his original Complaint he has
failed to state a claim against Defendants John Davis and Tom Clements. As a result,
the Court will dismiss these Defendants.
The deliberate indifference claim Mr. Hutchinson asserts against Defendant
Houle, seeking money damages, will be drawn to a district judge and to a magistrate
judge. Accordingly, it is
ORDERED that the Complaint and claims asserted against Defendant Houle
shall be drawn to a district judge and to a magistrate judge. It is
FURTHER ORDERED that Defendants John Davis and Tom Clements are
dismissed from the action, and the Clerk of the Court is instructed to remove them as
named parties to this action.
DATED at Denver, Colorado, this

27th

day of

February

BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK, Judge
United States District Court

2

, 2012.