Gillispie v. Correct Care Solutions LLC et al

Filing 33

ORDER signed by Judge Pamela Pepper on 2/27/2018 GRANTING 32 Plaintiff's Motion to Amend/Correct Complaint. Clerk of Court to substitute Larry Malcomsen for "John Doe employed as BCJ Administrator" and Emily Blozinski for "EB N urse Practitioner." Defendants Jane Doe Nurse and John Doe Nurse DISMISSED from case. US Marshal to serve copy of complaint and this order on defendants Malcomsen and Blozinski under FRCP 4. Defendants Malcomsen and Blozinski to file responsive pleading to complaint. (cc: all counsel, via mail to Kevin Gillespie at Green Bay Correctional Institution) (cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
______________________________________________________________________________
KEVIN EUGENE GILLISPIE,
Plaintiff,
v.

Case No. 16-cv-1592-pp

CORRECT CARE SOLUTIONS, et al.,
Defendants.
______________________________________________________________________________
DECISION AND ORDER GRANTING THE PLAINTIFF’S MOTION TO
AMEND/CORRECT THE COMPLAINT (DKT. NO. 32)
______________________________________________________________________________
On January 29, 2018, the plaintiff filed a motion to amend/correct the
complaint. Dkt. No. 32. He asks to substitute proper names for the Doe
defendants, and to dismiss other defendants. Id. The plaintiff states that Larry
Malcomsen should be named in place of “John Doe employed as BCJ
Administrator,” and that Emily Blozinski should be named in place of “EB
Nurse Practitioner.” Id. He also asks to dismiss “Jane Doe Nurse” and “John
Doe Nurse” from the case. The court will grant both requests.
The court GRANTS the plaintiff’s motion to amend/correct the
complaint. Dkt. No. 32. The ORDERS that the clerk of court shall revise the
caption of this case to reflect that the proper name of “John Doe employed as
BCJ Administrator” is Larry Malcomsen and the proper name of “EB Nurse
Practitioner” is Emily Blozinski.
The court ORDERS that “Jane Doe Nurse” and “John Doe Nurse” are
DISMISSED from this case.
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The court ORDERS the United States Marshal to serve a copy of the
complaint and this order on Larry Malcomsen and Emily Blozinski under
Federal Rule of Civil Procedure 4. The court advises the plaintiff that Congress
requires the U.S. Marshals Service to charge for making or attempting such
service. 28 U.S.C. §1921(a). Although Congress requires the court to order
service by the U.S. Marshals Service, it has not made any provision for these
fees to be waived either by the court or by the U.S. Marshals Service. The
current fee for waiver-of-service packages is $8.00 per item mailed. The plaintiff
may find the full fee schedule at 28 C.F.R. §§0.114(a)(2), (a)(3). The U.S.
Marshals will give the plaintiff information on how to remit payment. The court
is not involved in collection of the fee.
The court ORDERS Larry Malcomsen and Emily Blozinski to file a
responsive pleading to the complaint.
Dated in Milwaukee, Wisconsin this 27th day of February, 2018.
BY THE COURT:
________________________________________
HON. PAMELA PEPPER
United States District Judge

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