Urioste v. Corizon and Centurion Health Care Providers et al

Filing 66

ORDER by Magistrate Judge Kevin R. Sweazea Directing Service of Process on Defendant Maciel. (atc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
JOSHUA URIOSTE,
Plaintiff,
vs.

No. 1:16-CV-00755-JCH-KRS

CORIZON AND CENTURION
HEALTH CARE PROVIDERS, et al.,
Defendants.
ORDER FOR SERVICE OF PROCESS
THIS MATTER comes before the Court on the most recent amended pleading (the
“Second Amended Complaint”) filed by Plaintiff Joshua Urioste. (Doc. 62). The Second
Amended Complaint effectively substitutes Defendant Gary Maciel for Oscar Treviso, who is
effectively no longer a party to this action. After conducting screening on Plaintiff’s previous
operative pleading (Doc. 24), which in most respects raised virtually identical allegations and
claims as those asserted in the present pleading, the Court ordered issuance of notice and waiver
of service forms on Treviso. (See Doc. 26). Because Treviso was among those parties upon
whom service was ordered following screening of the earlier pleading, and because Defendant
Maciel has now been effectively substituted for Treviso, the Court finds that service upon
Defendant Maciel is now warranted.

IT IS, THEREFORE, ORDERED that the Clerk is DIRECTED to issue notice and
wavier of service forms, with a copy of the Second Amended Complaint (Doc. 62), for Unit
Manager Gary Maciel at Penitentiary of New Mexico, P.O. Box 1059, 4311 State H.W. 14, Santa
Fe, New Mexico 87504.

_____________________________________
KEVIN R. SWEAZEA
UNITED STATES MAGISTRATE JUDGE

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