Jelks v. LA D.O.C. et al

Filing 21

RULING granting 20 MOTION to n Amend Complaint and ORDER for Service. Maj. Leonard Williams, Capt. Carl Smith, Capt. Grady Ganard, Capt. Lonzo Webb and Lt. Kenneth Derecaux are substituted for the defendants previously identified as Maj. Wi ll, Capt. Smith, Capt. Ganard, Capt. Webb and Lt.Derecaux. IT IS ORDERED that the defendants shall be served with a summons, the original Complaint, the Amended Complaint, and this Motion for Leave to File and Amend Complaint in accordance with law. The U.S. Marshal shall serve the defendants wherever found. Signed by Magistrate Judge Stephen C. Riedlinger on 6/3/2013. (LLH) names substituted as per order on 6/3/2013 (LLH).

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

PHILLIPS JELKS (#485250)
VERSUS

CIVIL ACTION

LA. D.O.C. WD. BURL CAIN, ET AL

NUMBER 13-90-BAJ-SCR

RULING ON MOTION TO AMEND COMPLAINT
and
ORDER FOR SERVICE
Before the court is the plaintiff’s Motion for Leave to File
and Amend Complaint.

Record document number 20.

Pro se plaintiff, an inmate confined at Louisiana State
Penitentiary, Angola, Louisiana, filed this action pursuant to 42
U.S.C. § 1983 against Louisiana Department of Public Safety and
Corrections Secretary James LeBlanc, Warden N. Burl Cain, Maj.
Will1, Capt. Smith, Capt. Webb, Lt. Derecaux and Capt. Ganard.
On May 21, 2013, summons was returned unexecuted on defendants
Maj. Will, Capt. Smith, Capt. Webb, Lt. Derecaux and Capt. Ganard.2
Plaintiff sought to amend the complaint to substitute Maj.
Leonard Williams, Capt. Carl Smith, Capt. Grady Ganard, Capt. Lonzo
Webb

and

Lt.

Kenneth

Derecaux

for

the

defendants

previously

identified as Maj. Will, Capt. Smith, Capt. Ganard, Capt. Webb and

1

2

USM

Referred to as Maj. Williams in the body of the complaint.
Record document number 17.

Lt. Derecaux.
Accordingly, the plaintiff’s Motion for Leave to File and
Amend Complaint is granted.

Maj. Leonard Williams, Capt. Carl

Smith, Capt. Grady Ganard, Capt. Lonzo Webb and Lt. Kenneth
Derecaux are substituted for the defendants previously identified
as

Maj. Will, Capt. Smith, Capt. Ganard, Capt. Webb and Lt.

Derecaux.
Therefore;
IT IS ORDERED that the defendants Maj. Leonard Williams, Capt.
Carl Smith, Capt. Grady Ganard, Capt. Lonzo Webb and Lt. Kenneth
Derecaux shall be served with a summons, the original Complaint
(record document number 1), the Amended Complaint (record document
number 9), and this Motion for Leave to File and Amend Complaint in
accordance with law.
IT

IS

FURTHER

ORDERED

that

the

U.S.

Marshal

serve

defendants wherever found.
Baton Rouge, Louisiana, June 3, 2013.

STEPHEN C. RIEDLINGER
UNITED STATES MAGISTRATE JUDGE

2

the