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17-203 - Cook v. Southern Health Partners et al


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17-203 - Cook v. Southern Health Partners et al
March 19, 2018
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MEMORANDUM AND ORDER: For the reasons set forth above, Defendants Lunceford and Trivett are DISMISSED as parties to the current action. Further, Plaintiff's request for the Court to appoint him counsel is DENIED. Accordingly, this action will proceed only as to Plaintiffs claims of deliberate indifference under the Eighth Amendment against Defendants Shown and SHP. The Clerk is DIRECTED to send Plaintiff a service packet (a blank summons and USM 285 form) for Defendants Shown and SHP. Plaintiff is ORDERED to complete the service packets and return them to the Clerk's Office within twenty days of receipt of this Memorandum and Order. At that time, the summonses will be signed and sealed by the Clerk and forwarded to the United States Marshal for service. Fed. R. Civ. P. 4. Plaintiff is forewarned that failure to timely return the completed service packets could jeopardize his prosecution of this action. Defendants SHALL answer or otherwise respond to the complaint within twenty-one days from the date of service. If any Defendant fails to timely respond to the complaint, judgment by default may be entered against him. Plaintiff is ORDERED to immediately inform the Court and Defendants or their counsel of record of any address changes in writing. Failure to provide a correct address to this Court within fourteen days of any change in address may result in the dismissal of this action. Finally, the Court CERTIFIES that any appeal from this action would not be taken in good faith and would be totally frivolous. Signed by District Judge J Ronnie Greer on 03/19/2018. (Copy of Memorandum and Order, Service Packet with blank summons and USM 285 forms mailed to George M Cook) (CAT)