Decarvalho v. Telford et al

Filing 14

Magistrate Judge Marianne B. Bowler: ORDER entered. The Clerk shall issue summons as to the identified defendants only. Although the use of fictitious names to identify defendants is not favored, situations may arise where the identity of an allege d defendant cannot be known prior to the filing of a complaint. See Martnez-Rivera v. Ramos, 498 F.3d 3, 8 (1st Cir. 2007). If, through discovery, the plaintiff discovers the true name of any or all of the Doe defendants, he should act promptly to amend the complaint to substitute the correct parties and to dismiss any baseless claims. Id. at 8 n.5. The Clerk shall send the summonses, a copy of the amended complaint, consent package and this Order to the plaintiff, who must thereafter serve the defendants in accordance with Federal Rule of Civil Procedure 4(m). The plaintiff may elect to have service made by the United States Marshal Service. Plaintiff shall have 90 days from the date of this Orderto complete service. The Clerk entere d Decarvalho's proposed amended complaint on the docket as plaintiff's amended complaint. The Clerk sent a consent package and a copy of this order to plaintiff at the address listed on the docket by first class mail on 11/15/2017. (Attachments: # 1 consent package)(PSSA, 4)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
JANITO DECARVALHO,
Plaintiff
v.

CIVIL ACTION NO.
NO. 17-11224-MBB

ERIK TELFORD, et al.,
Defendants.
ORDER
November 15, 2017

BOWLER, U.S.M.J.
On August 24, 2017, the Court granted Janito Decarvalho’s
motion to proceed in forma pauperis and advised Decarvalho that
if he wished to pursue this action, he must file an amended
complaint.

See Docket No. 7.

Because Decarvalho is a prisoner,

the filing fee was assessed and is collected in accordance with
28 U.S.C. § 1915(b)(2).

Id.

On October 20, 2017, Decarvalho submitted a proposed
amended complaint with a motion for leave to file.
No. 11.
file.

See Docket

The Court granted Decarvalho’s motion for leave to

See 11/09/2017 Electronic Order.
Based on the foregoing, it is hereby ORDERED that:
1.

The Clerk shall enter Decarvalho’s proposed amended

complaint, see Docket No. 11-1, on the docket as plaintiff’s
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amended complaint.
2.

The Clerk shall provide the plaintiff with the form

for Consent/Refusal of Magistrate Judge Jurisdiction and the
instructions for that form ("consent package").
3.

The Clerk shall issue summons as to the identified

defendants only.

Although the use of fictitious names to

identify defendants is not favored, situations may arise where
the identity of an alleged defendant cannot be known prior to
the filing of a complaint.

See Martínez-Rivera v. Ramos, 498

F.3d 3, 8 (1st Cir. 2007).

If, through discovery, the plaintiff

discovers the true name of any or all of the “Doe” defendants,
he “should act promptly to amend the complaint to substitute the
correct parties and to dismiss any baseless claims.”

Id. at 8

n.5.
4.

The Clerk shall send the summonses, a copy of the

amended complaint, consent package and this Order to the
plaintiff, who must thereafter serve the defendants in
accordance with Federal Rule of Civil Procedure 4(m).

The

plaintiff may elect to have service made by the United States
Marshal Service.

If directed by the plaintiff to do so, the

United States Marshal shall serve the summonses, amended
complaint, consent package, and this Order upon the defendants,

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in the manner directed by the plaintiff, with all costs of
service to be advanced by the United States Marshal Service.
Notwithstanding this Order to the United States Marshal Service,
it remains plaintiff’s responsibility to provide the United
States Marshal Service with all necessary paperwork and service
information.
5.

Plaintiff shall have 90 days from the date of this Order

to complete service.
SO ORDERED.
/s/ Marianne B. Bowler
MARIANNE B. BOWLER
United States Magistrate Judge

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