Brauner v. Coody et al
Filing
18
RULING granting 14 pltfs Request for Summons treated as a Motion for Leave to Amend Complaint and to Issue Trial Subpoenas. IT IS ORDERED that Rosie Washington, Chuck Dugas, Kim Plylar, Megan Ruffin, Melinda Thomas, Tammy Jack and Sherwood Poret b e substituted for the defts previously identified as Rose, Chuck, Kim, Megan, Melinda, Tammy, Gina and Pruit. FURTHER ORDERED that the defts be served with the original and amended complaints. FURTHER ORDERED that the USM serve the defts wherever found. FURTHER ORDERED that pltfs motion to issue trial subpoenas is denied as premature. Signed by Magistrate Judge Stephen C. Riedlinger on 12/5/2012. (JDL)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
FRANCIS BRAUNER (#405665)
VERSUS
CIVIL ACTION
SHIRLEY COODY, ET AL
NUMBER 12-314-BAJ-SCR
RULING ON MOTION FOR LEAVE TO AMEND COMPLAINT
and
ORDER
Before the court is the plaintiff’s Request for Summons by
United States Marshall (sic) which shall be treated as a motion for
leave to amend the complaint and to issue trial subpoenas.
Record
document number 14.
Pro se plaintiff, an inmate confined at Louisiana State
Penitentiary, Angola, Louisiana, filed this action pursuant to 42
U.S.C. § 1983 against Asst. Warden Shirley Coody, Asst. Warden
Kenneth Norris, Dr. Jonathan Roundtree, Dr. Jason Collins, Dr.
McMurdo,
Sharon
Dunbar,
and
nurses
Melinda, Tammy, Gina and Pruit.
Rose,
Chuck,
Kim,
Megan,
Plaintiff alleged that the
defendants were deliberately indifferent to his serious medical
needs.
and
is
Specifically, the plaintiff alleged that he is paraplegic
not
receiving
decubitus ulcers.
USM
adequate
medical
treatment
for
severe
Service was ordered1 and on October 11, 2012, summons was
returned executed on defendants Coody, Norris, Dr. Collins, Dr.
Roundtree, Dr. McMurdo and Sharon Dunbar.2
Summons was returned
unexecuted as to defendants Rose, Chuck, Kim, Megan, Melinda,
Tammy, Gina and Pruit.3
Plaintiff sought leave of court to amend the complaint to
substitute Rosie Washington, Chuck Dugas, Kim Plylar, Megan Ruffin,
Melinda Thomas, Tammy Jack and Sherwood Poret for the defendants
previously identified as
Rose, Chuck, Kim, Megan, Melinda, Tammy,
Gina and Pruit.
Plaintiff also sought leave of court to amend the complaint to
name as defendants Dr. Charles Barkemeyer and Dr. Randy Lavesphere.
Plaintiff may amend his complaint once as a matter of course.
Rule 15(a), Fed.R.Civ.P.
Second and subsequent amendments require
consent of the defendant or leave of court.
Accordingly, the plaintiff’s motion for leave to amend the
complaint is granted.
Furthermore;
IT IS ORDERED that Rosie Washington, Chuck Dugas, Kim Plylar,
Megan Ruffin, Melinda Thomas, Tammy Jack and Sherwood Poret be
1
Record document number 5.
2
Record document number 13.
3
Id.
2
substituted for the defendants previously identified as Rose,
Chuck, Kim, Megan, Melinda, Tammy, Gina and Pruit.
IT IS FURTHER ORDERED that the defendants Rosie Washington,
Chuck Dugas, Kim Plylar, Megan Ruffin, Melinda Thomas, Tammy Jack,
Sherwood Poret, Dr. Charles Barkemeyer and Dr. Randy Lavesphere be
served with the original and amended complaints, record document
numbers 1 and 14, in accordance with law.
IT
IS
FURTHER
ORDERED
that
the
U.S.
Marshal
serve
the
defendants wherever found.
IT IS FURTHER ORDERED that the plaintiff’s motion to issue
trial subpoenas is denied as premature.
Baton Rouge, Louisiana, December 5, 2012.
STEPHEN C. RIEDLINGER
UNITED STATES MAGISTRATE JUDGE
3
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