Byrd v. Tyson et al

Filing 14

ORDER: The Plaintiff in this matter has filed a document in thismatter entitled Supplemental Defendant Summons Request 13 . Treating this as a motion to add defendants, it is DENIED. Signed by Magistrate Judge Joe Brown on 8/23/11. (xc:Pro se party by regular and certified mail.)(dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
COLUMBIA DIVISION
RONNIE BYRD, JR.,

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Plaintiff
v.
GILES COUNTY SHERIFF’S
DEPARTMENT, et al.,
Defendants

No. 1:11-0061
Judge Trauger/Brown
Jury Demand

O R D E R
The Plaintiff in this matter has filed a document in this
matter entitled Supplemental Defendant Summons Request (Docket
Entry 13).

Treating this as a motion to add defendants, it is

DENIED. The Magistrate Judge would first note that the document is
not signed by the Plaintiff.
Even if it were properly signed, the Plaintiff has
already named some 19 Defendants, including William Luna (“Long”).
There is no showing in the original complaint that the Giles County
Commission has any connection with this case.

To the extent that

the Plaintiff has indicated that all the Defendants are being sued
in their official capacity, the Giles County Sheriff’s office has,
in effect, been named as a Defendant already.
A civil rights complaint under respondeat superior does
not normally state a claim against a person not directly involved
with the complained of activity.

The Plaintiff is reminded that once an attorney has
entered

a

notice

of

appearance

for

the

Defendants

that

the

Plaintiff must send a copy of all pleadings to that attorney with
a certificate of service in the form as follows:
I certify that a copy of the foregoing [insert name of
document] has been served by [insert whether by mail,
certified mail, etc.] upon [insert names AND addresses of
ALL Defendants, or their attorney’s names and addresses]
on [insert date you mailed the document].
________________________________
[Sign your name on the line]
Ronnie R. Byrd, Jr. 209742
Giles County Jail
200 Thomas Gatlin Drive
Pulaski, Tennessee 38478
Once the Defendants have been served and have filed a
notice of appearance, the Magistrate Judge will set a Rule 16
hearing to enter a scheduling order.
It is so ORDERED.
/s/ Joe B. Brown
JOE B. BROWN
United States Magistrate Judge

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