ALI-X v. ALL THE EMPLOYEES OF MAIL ROOM STAFFS
Filing
106
MEMORANDUM, OPINION, ORDER Directing Plaintiff to show cause in writing, within twenty (20) days of this Order, as to why the Court should not order the Clerk to terminate Vastano, etc. Signed by Judge Noel L. Hillman on 12/31/2019. (rss, n.m.)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
KASEEM ALI-X,
1:12-cv-3147 (NLH) (KMW)
Plaintiff,
MEMORANDUM OPINION & ORDER
v.
DAVID MCKISHEN, et al.,
Defendants.
APPEARANCES:
Kaseem Ali-X, 000422722B
New Jersey State Prison
PO Box 861
Trenton, NJ 08625
Plaintiff pro se
HILLMAN, District Judge
WHEREAS, on February 18, 2016, Plaintiff Kaseem Ali-X
amended his complaint to replace the unknown defendants, “All
the Employees of the Mail Room Staffs,” with the names of the
employees as party defendants, see ECF No. 57; and
WHEREAS, the second amended complaint listed two proposed
defendants with similar names, “Vastano” and “L. Vastano,”
separately in the caption, see id. at 5; and
WHEREAS, the Clerk of the Court, relying on the caption of
the second amended complaint, presumed these names to refer to
two separate people and issued two sets of summonses to be
served by the U.S. Marshals Service, see ECF No. 65; and
WHEREAS, subsequent developments indicate that “Vastano”
and “L. Vastano” are the same person.
First, although Plaintiff
listed them separately in the caption and list of defendants, he
did not distinguish between the two in the factual portion of
his second amended complaint, see, e.g., ECF No. 57 ¶ 55 (making
allegations against “Vastano,” but not “L. Vastano”); and
WHEREAS, second, the Attorney General’s Office entered an
appearance and defended the action on behalf of “L. Vastano,”
but not “Vastano,” see ECF No. 69; and
WHEREAS, it therefore appears to the Court that Plaintiff
intended to prosecute his action against only one mailroom
employee with the last name of “Vastano.”
Defendant “L.
Vastano” was awarded summary judgment on December 10, 2019, see
ECF No. 100
THEREFORE, IT IS on this
31st
day of December, 2019
ORDERED that, within twenty (20) days of this Order,
Plaintiff shall show cause, in writing, as to why the Court
should not order the Clerk to terminate “Vastano” as a party
defendant as it appears they are the same person as party
defendant “L. Vastano”; and it is finally
ORDERED that the Clerk shall serve a copy of this Order
upon Plaintiff by regular mail.
s/ Noel L. Hillman
NOEL L. HILLMAN, U.S.D.J.
At Camden, New Jersey
2
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