Parra v. Wright et al

Filing 9

ORDER, plaintiff has not provided any allegations at all regarding John Doe or Jane Doe, these defendants are dismissed. The Clerk of the Court is directedto revise the caption consistent with the caption on this Order. The Clerk of the Court is also directed to cause the United States Marshal to serve copies of the Summons, Amended Complaint, and this Order upon the remaining defendants without plaintiff's payment therefor, unpaid fees to be recoverable if this action terminates by monetary award in plaintiff's favor. Signed by Hon. Michael A. Telesca on 11/7/2011. (TO)

-PS-O-

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
EDWIN PARRA, 98A0814,
Plaintiff,
-v-

11-CV-6270Fe
ORDER

DR. LESTER WRIGHT, CHIEF M.D.;
NP/PA BEN OAKES, Southport C.F.;
DR. CANFIELD, Southport C.F.;
JON VONHAGN, Nurse Administrator;
K. WEAVER, RN, Southport C.F.;
D. WEED, RN, Southport C.F.;
MR. CLEMENT, Nurse, Southport C.F.;
DR. CAISLEY, Lakeview C.F.; N.P.
OBERTEAN, Wende C.F.; DIR. OF HEALTH
SERVICES LEVITT, Wende C.F.; SUSAN
POST, Wende C.F.; L.WILCOX, N.P.
Lakeview C.F.; DR. CARL KOENIGSMANN,
M.D.; E. DINISIO, Regional Health
Admin.; and W. LUKAS, Regional Health
Admin.;
Defendants.

Plaintiff, proceeding pro se, was given an opportunity to
amend his complaint to allow the Court to determine whether claims
against numerous defendants could proceed forward (Docket No. 7).
Plaintiff has now filed an amended complaint (Docket No. 8) which
has been screened by the Court with respect to the 28 U.S.C.
§§ 1915(e)(2)(B) and 1915A criteria.
Plaintiff’s amended complaint adds defendants John Doe and
Jane Doe but does not provide any allegations regarding these two
individuals. As plaintiff was advised by the Court, a prerequisite
for liability under a

§ 1983 claim is "personal involvement" by

the defendants in the alleged constitutional deprivation.

Spencer

v. Doe, 139 F.3d 107, 112 (2d Cir. 1998). As plaintiff has not
provided any allegations at all regarding John Doe or Jane Doe,
these defendants are dismissed. The Clerk of the Court is directed
to revise the caption consistent with the caption on this Order.
The Clerk of the Court is also directed to cause the United
States Marshal to serve copies of the Summons, Amended Complaint,
and this Order upon the remaining defendants without plaintiff's
payment therefor, unpaid fees to be recoverable if this action
terminates by monetary award in plaintiff's favor.
Pursuant to 42 U.S.C. § 1997e(g)(2), the defendants are
directed to answer the amended complaint.
SO ORDERED.
S/ MICHAEL A. TELESCA
MICHAEL A. TELESCA
United States District Judge
Dated:

November 7, 2011
Rochester, New York

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