Rivera v. Virginia Department Of Corrections et al

Filing 21

ORDER denying 18 Motion to Compel; granting 20 Motion for Extension of Time to File Response/Reply( Responses due by 10/13/2015). Signed by Magistrate Judge Robert S. Ballou on 9/11/2015. (slt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION
DENIS RIVERA
Plaintiff,
v.

VIRGINIA DEPARTMENT OF
CORRECTIONS, et al.,
Defendant(s).

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Case No. 7:15CV00156

ORDER

By: Robert S. Ballou
United States Magistrate Judge

Counsel for the defendants, who recently noted an appearance as co-counsel in this case,
moves for an extension of time for defendants to respond to the complaint, due to serious staffing
changes and shortages at the Office of the Attorney General, Correctional Litigation Section.
For good cause shown, it is now ORDERED that defendants’ motion (ECF No. 20) is
GRANTED, and defendants are DIRECTED to file their response to the complaint within 30
days from entry of this order.
Plaintiff has also filed a motion, seeking to compel counsel for the defendants to identify
and waive service of process for the members of various groups named as defendants in the
complaint (the “external review team,” the “dual treatment team,” and the “unit management
team”). It is not defendants’ obligation, however, to spontaneously name defendants on
plaintiff’s behalf from his generalized allegations about these teams and the types of officers who
serve on them. Accordingly, it is ORDERED that plaintiff’s motion to compel (ECF No. 18) is
DENIED. Plaintiff is advised that he may submit interrogatories to an appropriate defendant or
defendants to identify individual members of these teams and then he may move to amend the

complaint to name individuals as defendants, provided that he also alleges in that motion what
each such defendant has allegedly done to violate his rights.
The Clerk is directed to send a copy of this order to the plaintiff and to counsel of record
for the defendants.
Enter: September 11, 2015

/s/ Robert S. Ballou
Robert S. Ballou
United States Magistrate Judge

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