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16-40145 - Lipscomb v. Ressijac et al


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16-40145 - Lipscomb v. Ressijac et al
January 26, 2017
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District Judge Leo T. Sorokin: ORDER entered. MEMORANDUM AND ORDER: All due process claims against defendants J. Lo Cicero, J. Elias, Lt. D. Beynosa, L. Arpano, and S. Larkin that are based on the alleged filing of false incidents reports, recommendations, and the subsequent guilty findings are DISMISSED;All Eighth Amendment deliberate indifference claims against defendants J. Elias, Lt. D. Beynosa, L. Arpano, and S. Larken are DISMISSED. These defendants shall be terminated as parties to this action;All claims against J. Lo Cicero that are based on the alleged forgery of plaintiffs signature on a work sheet and for giving plaintiff a poor work performance are DISMISSED. This defendant shall be terminated as a party to this action; Any general claims of medical malpractice against others who have not been identified in the Amended Complaint are DISMISSED; Subject to the parameters set forth in 5-6, this Court will permit all other claims by plaintiff to proceed with respect to defendants Warden J. Grondolsky, Richard Ressijac, N.P., John Doe (clinician), John Doe (officer), and the United States; The clerk shall issue summonses and the standard service package for service on the defendants: (1) Warden J. Grondolsky; (2) Richard Ressijac, N.P.; and (3) the United States; however, no summonses shall issue as to the two unidentified John Doe defendants at this time; If and/or when plaintiff discovers the true identify of the John Does, he may seek leave to amend the Amended Complaint to substitute their true names. At that time, he may also seek the issuance of summonses; however, any request to amend or for summonses must be made timely; The plaintiff may elect to have service of process made by the United States Marshal Service. If directed by the plaintiff to do so, the United States Marshal shall serve the summons, Amended Complaint, and this Memorandum and Order upon each of the defendants as to whom summonses have issued, in the manner directed by the plaintiff, with all costs of service to be advanced by the United States; The plaintiff shall have 90 days from the date of this Memorandum and Order to complete service on defendants as to whom summonses have issued.(PSSA, 1)