Foster v. Lombardi et al

Filing 13

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk shall issue process or cause process to issue on the amended complaint as to defendants Michael Hakala and Robin Fincher in their individual capacities, as well as defendant Corizon Medical Services, Inc. IT IS FURTHER ORDERED that defendants Michael Hakala, Robin Fincher, and Corizon Medical Services, Inc., shall file an answer or other responsive pleading directed to plaintiffs amended complaint within the time provided by the applica ble provisions of Rule 12(a) ofthe Federal Rules of Civil Procedure. IT IS FURTHER ORDERED that, as to defendants George A. Lombardi, Bill Stange, Glenn Babitch, Cleveland Rayford, and Missouri Delta Medical Center, the Clerk shall not issue process or cause process to issue, because the amended complaint is legally frivolous and fails to state a claim upon which relief can be granted. See 28 U.S.C. § 1915(e)(2)(B). IT IS FURTHER ORDERED that, pursuant to the Court's differentiated casemanagement system, this case is assigned to Track 5B (standard prisoner actions). A separate Order ofPartial Dismissal shall accompany this Memorandum and Order. Signed by District Judge John A. Ross on 9/28/12. (CSG)