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17-1507 - Tuttle v. Semple et al


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17-1507 - Tuttle v. Semple et al
November 27, 2017
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INITIAL REVIEW ORDER. For the reasons stated in the attached ruling, the Court enters the following orders:(1) Plaintiff shall file his amended complaint within thirty (30) days from the date of this order. If he wishes to pursue his other claims, he may do so in separate actions. Each separate action should be limited to naming only defendants who worked with one another to allegedly violate plaintiffs rights or as to whom plaintiffs claims arise from a common core of facts or are otherwise related. (2) If plaintiff changes his address at any time during the litigation of this case, Local Court Rule 83.1(c)2 provides that the plaintiff MUST notify the court. Failure to do so can result in the dismissal of the case. Plaintiff must give notice of a new address even if he is incarcerated. Plaintiff should write PLEASE NOTE MY NEW ADDRESS on the notice. It is not enough to just put the new address on a letter without indicating that it is a new address. If plaintiff has more than one pending case, he should indicate all of the case numbers in the notification of change of address. Plaintiff should also notify the defendant or the attorney for the defendant of his new address. (3) Plaintiff shall utilize the Prisoner Efiling Program when filing documents with the Court. It is so ordered. Signed by Judge Jeffrey A. Meyer on 11/27/2017. (Zuckier, C.)
February 5, 2018
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INITIAL REVIEW ORDER. (1) Based upon the Court's initial review, the Court will allow to proceed plaintiff's Eighth Amendment claims arising from his alleged solitary confinement and the alleged denial of mental health treatment against Commissioner Semple, Warden Rodriguez, Administrator Liedel, Dr. Gagne, and Dr. Frayne in their individual capacities for damages. Plaintiff may file an amended complaint within 30 days if he wishes to allege any additional facts that may withstand a motion to dismiss on grounds of qualified immunity. Plaintiff's claims under the ADA and Rehabilitation Act are DISMISSED with prejudice as any amended complaint would be futile in light of plaintiff's allegations to date. No discovery shall proceed until defendants have had an opportunity to file a motion to dismiss on grounds of qualified immunity. (2) The Clerk shall verify the current work addresses for Commissioner Semple, WardenRodriguez, Administrator Liedel, Dr. Gagne, and Dr. Frayne with the Department of Correction Office of Legal Affairs, mail a waiver of service of process request packet containing the complaint to those defendants at the confirmed addresses within twenty-one (21) days of this Order, and report to the court on the status of the waiver request on the thirty-fifth (35) day after mailing. If any defendant fails to return the waiver request, the Clerk shall makearrangements for in-person service by the U.S. Marshals Service on him, and he shall be required to pay the costs of such service in accordance with Fed. R. Civ. P. 4(d). (3) Defendants shall file their response to the complaint, either an answer or motionto dismiss, within sixty (60) days from the date the notice of lawsuit and waiver of service of summons forms are mailed to them. If they choose to file an answer, they shall admit or deny the allegations and respond to the cognizable claims recited above. They may also include any and all additional defenses permitted by the Federal Rules. It is so ordered. Signed by Judge Jeffrey A. Meyer on 2/5/2018. (Zuckier, C.)