Clarke v. Allen et al

Filing 13

ORDER that ECF No. 12 Notice is construed as a motion to substitute the name of a party and is granted; Clerk directed to add Dr. John Cutler as a defendant; Count II alleging a claim against Dr. John Cutler for deliberate indifference to se rious medical needs will proceed; Clerk directed to issue summons for Dr. John Cutler and deliver the same to USM for service along with a copy of the first amended complaint (ECF No. 11 ), a copy of this order and a copy of ECF No. 10 screening o rder (delivered to USM on 7/26/2018); Clerk directed to send Plaintiff 1 USM-285 form (mailed to P on 7/26/2018); Plaintiff to forward to USM the required USM-285 form with relevant information as to each Defendant by 8/25/2018; USM to show wh ether service has been accomplished within 20 days after receipt of USM-285 form; Plaintiff to file a notice with the Court indicating whether the Defendant was served within 20 days after receiving a copy of the USM-285 form from the USM showing whe ther service has been accomplished; Plaintiff shall serve defendant copy of all pleadings and include certificate of service. See order for further details. Signed by Judge Miranda M. Du on 7/26/2018. (Copies have been distributed pursuant to the NEF - LH)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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ANTHONY CLARKE,

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Case No. 3:17-cv-00582-MMD-VPC
Plaintiff,

ORDER

v.
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CHUCK ALLEN, et al.,
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Defendants.
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I.

DISCUSSION

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Plaintiff, a pro se prisoner, previously filed a first amended civil rights complaint

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pursuant to 42 U.S.C. § 1983. (ECF No. 11.) In its June 18, 2018 Screening Order, the

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Court stated that the portion of Count II of the First Amended Complaint alleging a claim

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against the John Doe doctor for deliberate indifference to serious medical needs would

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proceed when Plaintiff provided that John Doe doctor’s identity. (ECF No. 10 at 11).

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On July 10, 2018, Plaintiff filed a notice identifying the John Doe doctor as Dr. John

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Cutler. (ECF No. 12). The Court construes that notice as a motion to substitute the name

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of a party. So construed, the Court grants that motion. John Doe is now identified as Dr.

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John Cutler. Pursuant to the screening order, the portion of Count II of the First Amended

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///

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Complaint alleging a claim against Dr. John Cutler for deliberate indifference to serious

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medical needs will proceed.

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II.

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CONCLUSION
For the foregoing reasons, it is ordered that that July 10, 2018 notice (ECF No. 12)

is construed as a motion to substitute the name of a party and is granted.
It is further ordered that the Clerk of the Court add Dr. John Cutler as a defendant
in this action and substitute Dr. John Cutler for the John Doe doctor.
It is further ordered that the portion of Count II alleging a claim against Dr. John
Cutler for deliberate indifference to serious medical needs will proceed.

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It is further ordered that the Clerk of Court issue summonses for Defendants Dr.

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John Cutler and deliver the same to the U.S. Marshal for service. The Clerk will send to

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Plaintiff one USM-285 forms. The Clerk will also send a copy of the first amended

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complaint (ECF No. 11), a copy of this order, and a copy of the June 18, 2018 Screening

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Order (ECF No. 10) to the U.S. Marshal for service on Defendant. Plaintiff then has thirty

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(30) days within which to furnish to the U.S. Marshal the required USM-285 forms with

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relevant information as to each Defendant on each form. Within twenty (20) days after

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receiving from the U.S. Marshal a copy of the USM-285 forms showing whether service

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has been accomplished, Plaintiff must file a notice with the Court identifying which

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Defendant(s) were served and which were not served, if any. If Plaintiff wishes to have

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service again attempted on an unserved Defendant, then a motion must be filed with the

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Court identifying the unserved Defendant and specifying a more detailed name and/or

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address for said Defendant, or whether some other manner of service should be

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attempted.

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It is further ordered that Plaintiff must serve upon Defendant or, if appearance has

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been entered by counsel, upon the attorney(s), a copy of every pleading, motion or other

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document submitted for consideration by the Court. Plaintiff must include with the original

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paper submitted for filing a certificate stating the date that a true and correct copy of the

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document was mailed to the Defendant or counsel for the Defendant. The Court may
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disregard any paper received by a district judge or magistrate judge which has not been

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filed with the clerk and any paper received by a district judge, magistrate judge, or the

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clerk which fails to include a certificate of service.

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DATED THIS 26th day of July 2018.

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MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

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