Ludy v. Emmons et al
ORDER warning plaintiff about the 90-day service period. Signed by Magistrate Judge Brian K. Epps on 4/11/17. (cmr)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
SHAWN EMMONS, Warden; DEANNE
MORRIS, Health Service Administrator,
Ga. Regent Health System; CHERIE PRICE, )
Deputy Warden; MITZI HALL, Director of
Nursing, Ga. Regent Health System, WESLEY )
O’NEAL, Unit Manager; MS. BYRD,
Correctional Officer; MS. PULLINS, Nurse; )
JASON HURST, Cert. Officer; LARRY
TIMMONS, Cert. Officer; LAKEISHA
SMITH, Cert. Officer; JAMIE CLARK,
Deputy Warden Administration; MS.
CLAXTON, Nurse; MS. ROGERS, Nurse;
MR. BRYAN JR., Nurse; and JOHN and
JANE DOES, Doctors,
Pro se Plaintiff, formerly incarcerated at Johnson State Prison (“JSP”) in
Wrightsville, Georgia, filed the above-captioned case pursuant to 42 U.S.C. § 1983. Because
Plaintiff is proceeding in forma pauperis (“IFP”), he is entitled to rely upon Court-designated
officials to effect service of process. Fed. R. Civ. P. 4(c)(3).
On March 20, 2017, the Court directed the United States Marshal to serve Defendants
with the complaint and summons for claims of retaliatory punishment and deliberate
(Doc. no. 25, pp. 4-5.)
The Court explained to Plaintiff that it was his
responsibility to provide sufficient information for the Marshal to identify and locate Defendants
to timely effect service within 90 days of the Court’s March 20th Order. (Id. at 5 (citing Fed. R.
Civ. P. 4(m)). The Court also informed Plaintiff that any Defendant not timely served within this
90-day period may be dismissed. (Id.)
The Marshal attempted to effect service upon Doctors John and Jane Does, but was
unable to do so. Based on Plaintiff’s amended complaint, they were able to identify Nurse
Practioner Pamela Lindsey and Physician’s Assistant Annie Bodie as having prescribed Plaintiff
with an inhaler during his time at JSP, but were unable to verify the John and Jane Doe
physicians to sue.1 (See Exhibit A; doc. no. 28.)
Accordingly, consistent with this Court’s March 20th Order, Plaintiff must either provide
enough specific information to adequately identify these defendants, file an amended complaint
to correct the name of these defendants with correct identifying contact information, or file a
voluntary dismissal of these defendants. Plaintiff is again warned that Defendants must be
served within the 90-day service period or the claims against them will be dismissed without
The CLERK is DIRECTED to attach the return of service, (doc. no. 28), to Plaintiff’s
copy of this Order as Exhibit A.
SO ORDERED this 11th day of April, 2017, at Augusta, Georgia.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?