Townsend v. Rhodes et al

Filing 95

OPINION and ORDER Denying 89 Motion for Judgment--Signed by Magistrate Judge Anthony P. Patti. (MWil)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
RICHARD TOWNSEND,
Plaintiff,
Case No. 4:14-CV-10411
Judge Terrence G. Berg
Magistrate Judge Anthony P. Patti

v.

KAREN RHODES,
VICKI CARLSON,
LINDA HAASE,
MARCIA O’CONNELL and
JOHN DOES 1-4,
Defendants.
___________________________________/
ORDER REQUIRING PLAINTIFF TO IDENTIFY THE JOHN DOE
DEFENDANTS
Plaintiff Richard Townsend (#181420) is currently incarcerated at the
MDOC’s Lakeland Correctional Facility (LCF). On January 27, 2014, while
incarcerated at the G. Robert Cotton Correctional Facility (JCF), Plaintiff filed the
instant lawsuit against four (4) named defendants and four (4) John Doe
defendants. DE 1.
Appearances of counsel have since been entered on behalf of Defendant
Karen Rhodes, D.O. (DE 23, DE 24) and MDOC Defendants Vicki Carlson, Linda
Haase and Marcia O’Connell (DE 27). However, the four (4) John Doe

defendants, who are enumerated in the case caption (DE 1 at 1), described within
the introductory text of the complaint (DE 1 ¶¶ 17-20) and further described in the
“Parties” section of the complaint (DE 1 ¶¶ 26, 27), remain unidentified.
On February 13, 2015, the Court entered an order (DE 34) which, in part,
required counsel for the MDOC Defendants to determine the names of the four
individuals who provided Plaintiff’s medical care at the Allegiance Hospital on
December 24, 2013 and January 6, 2014. Counsel responded by way of a letter
dated February 26, 2015. DE 35. Then, on March 9, 2015, the Court entered an
order (DE 36) requiring counsel for the MDOC Defendants to provide further
information regarding the John Doe defendants. On March 13, 2015, the MDOC
Defendants filed a notice (DE 38) of compliance. Attached to this filing is a
March 13, 2015 letter from counsel to Plaintiff, which reflects that Allegiance
Hospital Emergency Department records were enclosed.
Therefore, no later than Tuesday, April 7, 2015, Plaintiff SHALL notify the
Court, in writing, of the identity of the four (4) John Doe defendants. Beyond
simply naming the four (4) individuals, Plaintiff should describe each as John Doe
1, John Doe 1, John Doe 3 or John Doe 4.
Furthermore, in order to facilitate service of process upon these four (4)
defendants by the U.S. Marshals Service, Plaintiff SHALL, at his cost, provide the
Clerk of the Court with four (4) copies of the January 27, 2014 Complaint (DE 1),
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four (4) copies of this Order and four (4) copies of Plaintiff’s written response to
this Order.
IT IS SO ORDERED.

Dated: March 19, 2015

s/Anthony P. Patti
Anthony P. Patti
UNITED STATES MAGISTRATE JUDGE

I certify that a copy of this document was sent to parties of record on Thursday, March 19, 2015, 
electronically and/or by U.S. Mail. 

s/Michael L. Williams   
Case Manager to the  
Honorable Anthony P. Patti 

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