Norris v. Nebr. Dept. of Corr. Srvcs. et al

Filing 48

MEMORANDUM AND ORDER that defendants "OMAHA CORR. CNTR. MEDICAL STAFF, including and all other unnamed John and Jane Does known and unknown" and "JOHN AND JANE DOES, known and unknown employees and/or contractors" are dismissed from this case without prejudice because Plaintiff failed to comply with this court's order. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
HEATH NORRIS,

)
)
Plaintiff,
)
)
v.
)
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SCOTT FRAKES, DR. RANDY
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KOHL, BARBARA LEWEIN, CURT )
WEES, OMAHA CORR. CNTR.
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MEDICAL STAFF, including and all )
other unnamed John and Jane Does
)
known and unknown, C.
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SCHMOKER, DR. KATHLEEN
)
OGDEN, M. ANTLEY, M.
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WESLEY, and JOHN AND JANE
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DOES, known and unknown
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employees and/or contractors,
)
)
Defendants.
)
)

8:16CV187

MEMORANDUM
AND ORDER

Plaintiff, an inmate at the Omaha Correctional Center, alleges that the
defendants, in their individual capacities, violated the Eighth Amendment when they
were deliberately indifferent to Plaintiff’s serious medical needs. Individual
defendants Frakes, Kohl, Lewein, Wees, Schmoker, Ogden, Antley, and Wesley have
filed an Answer (Filing 45). As to the remaining defendants—that is, “OMAHA
CORR. CNTR. MEDICAL STAFF, including and all other unnamed John and Jane
Does known and unknown” and “JOHN AND JANE DOES, known and unknown
employees and/or contractors”—the court ordered Plaintiff to identify them by name
and address on or before March 30, 2017, so the court could process the documents
necessary to initiate service of process on those defendants. Plaintiff was warned that
his failure to do so would result in dismissal of these defendants without prejudice and
without further notice. (Filing 47.)

Because Plaintiff has failed to comply with the court’s order, the unnamed
defendants shall be dismissed from this case without prejudice. See Fed. R. Civ. P.
41(b). Accordingly,
IT IS ORDERED that defendants “OMAHA CORR. CNTR. MEDICAL
STAFF, including and all other unnamed John and Jane Does known and unknown”
and “JOHN AND JANE DOES, known and unknown employees and/or contractors”
are dismissed from this case without prejudice because Plaintiff failed to comply with
this court’s order.
DATED this 10th day of April, 2017.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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