KITCHEN v. ESSEX COUNTY CORRECTIONAL FACILITY et al

Filing 18

MEMORANDUM OPINION AND ORDER directing the pltf. to file within 45 days from entry this order an amended complt., identifying the individual defts. in this matter and detailing his challenges against each deft.; directing the Clerk to serve a copy of this memorandum opinion and order by certified mail, return receipt. Signed by Judge Jose L. Linares on 11/30/2012. (nr, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

ARTHUR KITCHEN,
Civil Action No.
12-2199 (JLL)

Plaintiff,
V.

MEMORANDUM OPINION
AND ORDER

ESSEX COUNTY CORRECTIONAL
FACILITY et al.,
Defendant.

It appearing that:
1.

On April 12,

2012,

Plaintiff,

a state prisoner,

for filing his civil complaint

(“Complaint”)

submitted

and his

application to prosecute this matter j forma pauperis.
[Docket Entry No.
that,

1.]

on January 21,

In his Complaint,
2012,

provocation on his part,

he had been assaulted,

The Court,

therefore,

pursuant to 28 U.S.C.

without a

by unidentified correctional

officers and suffered severe injuries.
2.

Plaintiff asserted

(Id.

at 4,

6—7.)

screened Plaintiff’s Complaint,
§ 1915(e) (2) (B),

and determined that

Plaintiff’s allegations stated a claim within the meaning of
Rule 8 of the Federal Rules of Civil Procedure,
interpreted in Ashcroft v.
[Docket Entry No.

2].

Igbal,

However,

556 U.S.

662

as
(2009)

since Plaintiff’s Complaint

failed to identify the correctional officers who allegedly
assaulted him,

this Court

—

being mindful of the holding of

___________,

Aiston v.

Parker,

363 F.3d 229,

directed the Clerk:

(a)

233 n.6

(3d Cir.

2004),

to execute service upon the Attorney

General for the State of New Jersey,

who was designated

—

for the purposes of the instant stage of these proceedings
to act as a constructive agent for service; and

(b)

—

file

Plaintiff’s Complaint so he could amend his pleading by
identifying his Defendants and,

thus,

process by the united States Marshal.
3.

On November 18,

2012,

enabling service of

()

the Attorney General filed a letter

informing the Court that Plaintiff had been served with
relevant reports and medical records.
IT IS,

therefore,

on this

[Docket Entry No.

day of

ORDERED that Plaintiff’s amended complaint,

17.]

2012,
identifying the

individual Defendants in this matter and detailing his challenges
against each Defendant shall be filed within forty-five days from
the date of entry of this Memorandum Opinion and Order;

and it is

further
ORDERED that the Clerk of the Court shall serve a copy of
this Memorandum Opinion and Order upon Plaintiff by certified
mail,

return receipt requested.

L. LINARES
States District Judge

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