King v. Gates et al

Filing 18

ORDER. Plaintiff's 17 Motion to Amend is GRANTED. The Clerk is directed to docket the amended complaint. In addition, the Clerk shall verify the current work addresses for defendants Simmons, Russo, and Noyce with the Department of Correcti on Office of Legal Affairs, mail waiver of service of process request packets containing the complaint to each defendant at the confirmed address within twenty-one (21) days of this Order, and report to the court on the status of the waiver request o n the thirty-fifth (35) day after mailing. If any defendant fails to return the waiver request, the Clerk shall make arrangements for in-person service by the U.S. Marshal Service on him in individual capacity and the defendant shall be required to pay the cost of such service in accordance with Federal Rule of Civil Procedure 4(d). Signed by Judge Michael P. Shea on 1/22/2018. (Taykhman, N.)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT

ROBERT KING,
Plaintiff,
v.
GATES, et al.,
Defendants.

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CASE NO. 3:17-cv-1741 (MPS)

JANUARY 22, 2018

_____________________________________________________________________________
RULING ON MOTION TO AMEND
Plaintiff Robert King, currently incarcerated at the Cheshire Correctional Institution in
Cheshire, Connecticut, filed this case pro se under 42 U.S.C. § 1983 asserting claims for use of
excessive force. In the November 16, 2017 Initial Review Order, the Court informed the
plaintiff that he could file an amended complaint to allege facts showing that defendants
Simmons, Russo, and Noyce participated in the use of force against him. See ECF No. 10 at 4.
In response, the plaintiff has filed a motion for leave to amend and a proposed amended
complaint.
The plaintiff’s motion [ECF No. 17] is GRANTED. The Clerk is directed to docket the
amended complaint. In addition, the Clerk shall verify the current work addresses for defendants
Simmons, Russo, and Noyce with the Department of Correction Office of Legal Affairs, mail
waiver of service of process request packets containing the Complaint to each defendant at the
confirmed address within twenty-one (21) days of this Order, and report to the court on the
status of the waiver request on the thirty-fifth (35) day after mailing. If any defendant fails to

return the waiver request, the Clerk shall make arrangements for in-person service by the U.S.
Marshal Service on him in 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).
SO ORDERED this 22nd day of January 2018 at Hartford, Connecticut.
/s/
Michael P. Shea
United States District Judge

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