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17-438 - Hawthorne v. Macelaru et al


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17-438 - Hawthorne v. Macelaru et al
July 17, 2017
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DECISION AND ORDER: ORDERED, that Plaintiff's Amended Complaint (Dkt. No. 5) is accepted for filing and is the operative pleading in this action. ORDERED, that the Clerk shall (i) terminate Dr. Mandalaywala, Jane Doe #1, and Jane Doe #2 as defendants, and (ii) revise the docket to add Nurse Sturgeon as a defendant in this action. ORDERED, that Plaintiff's claim that Dr. Macelaru was deliberately indifferent to his serious medical needs in violation of his Eighth Amendment rights is DISMISSED in accordance with 28 U.S.C. ยงยง 1915(e)(2)(B)(ii) and 1915A(b)(1), and that the Clerk shall terminate Dr. Macelaru as a defendant. ORDERED, that the Clerk shall issue a summons and forward it to the U.S. Marshal for service on defendant Sturgeon. ORDERED, that a response to the Amended Complaint shall be filed by defendant Sturgeon or her counsel as provided for in the Federal Rules of Civil Procedure. Signed by Senior Judge Lawrence E. Kahn on 7/17/17. (served on plaintiff by regular mail)(alh, )