RICHMOND v. SALEM COUNTY JAIL et al

Filing 7

ORDER directing the Clerk to REOPEN this case; dismissing w/ prejudice Pltf's claim against SALEM COUNTY JAIL; dismissing w/ prejudice Pltf's claims of deliberate indifference to a serious medical need against Defts JANE DOE NURSE (arising in 4/7/2012 meeting) and JOHN DOE DOCTOR (arising in 4/10/2012 meeting), Pltf's claim of deliberate indifference to a serious medical need against Deft JANE DOE NURSE (arising in 4/12/2012 meeting) may proceed; dismissing w/out prejudice Pltf&# 039;s claim of deliberate indifference to a serious medical need against defendant Medical Services Provider of the Salem County Jail. Pltf shall file a SECOND AMENDED COMPLAINT identifying the unknown Jane Doe Nurse w/in 90 days. Signed by Judge Robert B. Kugler on 11/26/2013. (drw)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
_________________________________________
MELVIN RICHMOND,
:
:
Plaintiff,
:
:
v.
:
:
SALEM COUNTY JAIL, et al.
:
:
Defendants.
:
_________________________________________ :

Civ. No. 12-5504 (RBK) (JS)
ORDER

For the reasons expressed in the Opinion filed herewith,
IT IS on this

26th

day of November , 2013,

ORDERED that the Clerk shall reopen this case; and it is further
ORDERED that plaintiff’s claim against the Salem County Jail is dismissed with
prejudice for failure to state a claim upon which relief can be granted; and it is further
ORDERED that plaintiff’s claims of deliberate indifference to a serious medical need
against defendant Jane Doe nurse arising from the April 7, 2012 meeting and against defendant
John Doe doctor arising from the April 10, 2012 meeting are dismissed with prejudice for failure
to state a claim upon which relief can be granted; and it is further
ORDERED that plaintiff’s claim of deliberate indifference to a serious medical need
against defendant Jane Doe nurse arising from the April 12, 2012 meeting may proceed; and it is
further
ORDERED that plaintiff’s claim of deliberate indifference to a serious medical need
against defendant Medical Services Provider of the Salem County Jail is dismissed without
prejudice for failure to state a claim upon which relief can be granted; and it is further

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ORDERED that within ninety (90) days after entry of this Order, plaintiff shall identify
the unknown Jane Doe nurse who saw plaintiff on April 12, 2012 as alleged in the amended
complaint, and shall file a second amended complaint so identifying the unnamed Jane Doe
nurse, and shall provide to the United States Marshall Service sufficient identifying information
to permit service of the summons and second amended complaint upon the Jane Doe nurse
defendant; and it is further
ORDERED that plaintiff’s failure to identify the Jane Doe nurse defendant within ninety
days after entry of this Order in a second amended complaint shall result in dismissal without
prejudice of the claim against her, for failure to prosecute; and it is further
ORDERED that the Court shall order service of the summons and second amended
complaint on the Jane Doe nurse defendant when plaintiff has complied with this Order by
naming the unnamed Jane Doe nurse in a second amended complaint; and it is further
ORDERED that pursuant to Local Civil Rule 10.1(a), plaintiff shall file a notice of a
change of address within seven (7) days of the date of entry of this Order. Plaintiff’s failure to
comply with this Order by not filing his notice of change of address within seven (7) days may
result in dismissal of this action.
s/Robert B. Kugler
ROBERT B. KUGLER
United States District Judge

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