Hoeck v. Miklich et al

Filing 24

MINUTE ORDER granting 22 Plaintiff's Motion to Amend Complaint. Plaintiff's Second Amended Complaint [#22-1] is accepted for filing as of the date of this Minute Order. Defendants who have already been served and entered their appeara nces in this case shall answer or otherwise respond to Plaintiffs'Second Amended Complaint [#22-1] on or before 6/28/2013. The CDOC Executive Director, Rae Timme, Tony Decesaro, and Kirk Machin have already been dismissed from this lawsuit on 3/18/2013. Plaintiff may not simply add defendants to his Second Amended Complaint once they have already been dismissed. By Magistrate Judge Kristen L. Mix on 6/4/13.(mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-00206-PAB-KLM
DAVID B. HOECK,
Plaintiff,
v.
LANCE MIKLICH,
TED STENZEL,
DARRYL PROFFIT,
MATT WINDEN,
MARY TOOMEY, and
LINDA WORTHEN,
Defendants.
_____________________________________________________________________
MINUTE ORDER
_____________________________________________________________________
ENTERED BY MAGISTRATE JUDGE KRISTEN L. MIX
This matter is before the Court on Plaintiff’s Motion to Amend Complaint [Docket
No. 22; Filed June 3, 2013] (the “Motion”). Pursuant to Fed. R. Civ. P. 15(a)(2),
IT IS HEREBY ORDERED that Plaintiff’s Second Amended Complaint [#22-1] is
accepted for filing as of the date of this Minute Order.
IT IS FURTHER ORDERED that those Defendants who have already been served
and entered their appearances in this case shall answer or otherwise respond to Plaintiffs’
Second Amended Complaint [#22-1] on or before June 28, 2013.
In addition to Defendants named in the caption above, the Second Amended
Complaint brings claims against the CDOC Executive Director, Rae Timme, Tony
DeCesaro, Kirk Machin, Scott Lancaster, Tom Jordan, Valarie Craig, Ken Topliss, J.
Stricklett, and Mary Ann Aldrich. See 2nd Am. Compl. [#22-1] at 1. The CDOC Executive
Director, Rae Timme, Tony Decesaro, and Kirk Machin have already been dismissed from
this lawsuit on March 18, 2013. See Order to Dismiss in Part and to Draw Case to District
Judge and to Magistrate Judge [#11] at 5. Plaintiff may not simply add defendants to his
Second Amended Complaint once they have already been dismissed. Accordingly,

-1-

Due to Plaintiff’s status as an incarcerated individual and due to the filing of the
Second Amended Complaint,
IT IS FURTHER ORDERED that, pursuant to Fed. R. Civ. P. 4(d), the United States
Marshal shall attempt to obtain a waiver of service of the summons and Second Amended
Complaint, if appropriate, from Defendants Scott Lancaster, Tom Jordan, Valarie Craig,
Ken Topliss, J. Stricklett, and Mary Ann Aldrich. If unable to do so, the United States
Marshal shall serve a copy of the Second Amended Complaint, summons, and all other
orders upon these six new Defendants. All costs of service shall be advanced by the
United States.
Dated: June 4, 2013

-2-