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17-4043 - HOWARD v. MILLER et al


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17-4043 - HOWARD v. MILLER et al
January 10, 2018
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ENTRY Screening Complaint and Directing Further Proceedings - The clerk is designated pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to defendants Sgt. Miller and Craig Caniff in the manner specified by Fed. R. Civ. P. 4(d). Process shall consist of the complaint (docket 1), applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Entry. Signed by Judge Tanya Walton Pratt on 1/10/2018. (Copy mailed to Plaintiff, Sgt. Miller, and Craig Caniff) (MEJ)
March 1, 2018
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ff and Craig Caniff) (MEJ)Entry Discussing Amended Complaint and Directing Further Proceedings - Based on the required screening, the plaintiff's claims shall proceed as a claim that Sgt. Miller and Craig Cantiff have violated his Eighth Amendment rights and as a claim that Sgt. Miller has retaliated against him in violation of the First Amendment. Consistent with this ruling, the motion to screen the amended complaint, dkt. 18, is granted. The motion to file a supplemental complaint, dkt. 17, is granted to the extent that that filing provides elaboration and clarification of the claims which are proceeding. Defendant Sergeant Miller has already appeared in this action. He shall have twenty-one days to answer the amended complaint and the supplement. The clerk is designated pursuant to Fed. R. Civ. P. 4(c)(3) to issue process to defendant Caniff in the manner specified by Rule 4(d). Process shall consist of the amended complaint (docket 12), the supplemental complaint (dkt 17) applicable forms (Notice of Lawsuit and Request for Waiver of Service of Summons and Waiver of Service of Summons), and this Entry. The Court notes that it has previously attempted without success to serve defendant Caniff. If Caniff is no longer employed at the New Castle Correctional Facility, counsel for Sergeant Miller is requested to submit Caniff's last known address so that he can be served. This filing may be made ex parte. Signed by Judge Tanya Walton Pratt on 3/1/2018. (Copy mailed to Plainti