PAULCIN v. GILLIAM

Filing 14

ORDER directing Plaintiff, PROPHET PAULCIN, to provide the Court with six service copies of 13 Second Amended Complaint by 3/20/2009; signed by MAGISTRATE JUDGE ALLAN KORNBLUM on 3/2/09. (tss)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION

PROPHET PAULCIN, Plaintiff, vs. T. L. GILLIAM, et al, Defendants. / ORDER Plaintiff, an inmate proceeding pro se, has filed a second amended complaint. (Doc. 13). The pleading has been reviewed as is required by 28 U.S.C. § 1915A and is deemed sufficient to alert Defendants to the nature and basis of Plaintiff's claims. It cannot be said upon this review of the amended complaint that Plaintiff has failed to state a claim upon which relief may be granted. Thus, service of the amended complaint should be directed. At this point, Plaintiff must submit service copies of the amended complaint. Under Fed. R. Civ. P. 4(c)(1), a copy of the amended complaint for each named Defendant is necessary to effect service and must be submitted by Plaintiff. Plaintiff has listed eight (8) Defendants in this action, but has not named two of them, they are listed as Warden Doe and Nurse Jane Doe. Until these persons are named, they cannot be served. If necessary, Plaintiff may wait until discovery has begun to learn the CASE NO. 4:08cv418-SPM/AK

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names of these two persons. Therefore, Plaintiff must provide the Court with six additional copies of the amended complaint that are identical to the amended complaint, doc. 13, filed with the Court. Accordingly, it is ORDERED: 1. Plaintiff shall have until March 20, 2009, to provide the Court with six (6) identical copies of his second amended complaint for service on the Defendants. 2. Failure to submit the service copies as directed will result in a recommendation of the dismissal of this action. DONE AND ORDERED this 2nd day of March, 2009.

s/ A. KORNBLUM ALLAN KORNBLUM UNITED STATES MAGISTRATE JUDGE

Case No. 4:08cv418-SPM