Johnson v. Murphy et al

Filing 29

ORDER granting 22 Motion to Serve Amended Complaint; granting 28 Motion for Conference. SEE ATTACHED ORDER. A telephonic conference to discuss settlement is scheduled for May 15, 2013 at 11:00 AM. Counsel for the defendants shall initiate the call to chambers at 860-240-3605 with the pro se plaintiff on the line. Signed by Judge Donna F. Martinez on 4/9/13. (Nichols, J.)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
TEEJAY JOHNSON,

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Plaintiff,
v.
BRIAN K. MURPHY et al.,
Defendants.

CASE NO. 3:12CV849 (RNC)

RULING ON MOTIONS
AND ORDER
A.

Plaintiff's Motion to Serve Amended Complaint (doc. #22)

The pro se plaintiff is a prisoner proceeding in forma
pauperis.

In January 2012, the court permitted plaintiff to

file an amended complaint.

(Doc. #24.)

The Amended Complaint

(doc. #27) names two new defendants, Doctor Carson Wright and
Richard Furey, in their individual and official capacities.

The

Amended Complaint abandoned plaintiff's claims earlier against
defendant Michael Lajoie.1

Pending before the court is

plaintiff's Motion to Serve the Amended Complaint (doc. #22).
The motion is GRANTED, and the court orders as follows:
1.

The Clerk of the Court shall terminate defendant

Michael Lajoie.

1

When granting permission to amend the complaint, the court
stated: "The court notes that the amended complaint does not
include any reference to defendant Lajoie and assumes that
plaintiff is abandoning the claims against Lajoie." (Doc. #24.)
Plaintiff has not objected.

2.

The Clerk shall verify the current work addresses for

defendants Dr. Wright and Furey with the Department of
Correction Office of Legal Affairs.

Within 14 days of this

Order, the Clerk shall mail waiver of service of process request
packets to defendants at their confirmed addresses.

The Clerk

shall report to the court on the status of that waiver request
on the 35th day after mailing.

If either defendant fails to

return the waiver request, the Clerk shall make arrangements for
in-person service by the U.S. Marshals Service on the defendant
in his individual capacity and the defendant shall be required
to pay the costs of such service in accordance with Federal Rule
of Civil Procedure 4(d).
3.

The Clerk shall prepare a summons form and send an

official capacity service packet to the U.S. Marshal Service.
The U.S. Marshal is directed to effect service of the amended
complaint on defendants Dr. Wright and Furey in their official
capacities at the Office of the Attorney General, 55 Elm Street,
Hartford, CT 06141, within 14 days from the date of this order
and to file returns of service within 20 days from the date of
this order.
4.

Defendants' responsive pleading is due pursuant to the

deadlines provided in Fed. R. Civ. P. 12.

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B.

Plaintiff's Motion for Status Conference re: Settlement
(doc. #28)

Pending before the court is plaintiff's Motion for Status
Conference re: Settlement (doc. #28).

The motion is GRANTED.

A

telephonic conference to discuss settlement is scheduled for May
15, 2013 at 11:00 AM.

Counsel for the defendants shall initiate

the call to chambers at 860-240-3605 with the pro se plaintiff
on the line.
SO ORDERED at Hartford, Connecticut this 9th day of April,
2013.
__________/s/_________________
Donna F. Martinez
United States Magistrate Judge

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