United States District Court, D. Rhode Island
K. Johnstone United States Magistrate Judge
the court is plaintiff Kormahyah Karmue's Amended
Complaint (Doc. No. 11), which is the operative complaint in
this matter, asserting claims against employees of both the
United States Marshals Service for the District of Rhode
Island (“USMS-RI”) and the Donald W. Wyatt
Detention Center (“WDC”), pursuant to 42 U.S.C.
§ 1983 and Bivens v. Six Unknown Named Agents of
Fed. Bureau of Narcotics, 403 U.S. 388 (1971). The
Amended Complaint (Doc. No. 11) is before the court for
preliminary review, pursuant to 28 U.S.C. § 1915A(a).
Report and Recommendation (“R&R”) issued
simultaneously with this Order, the court identified seven
claims, some with subparts, asserted by Karmue in his amended
complaint. As fully explained in the R&R, and as set
forth herein, the court now directs that certain claims be
served at this time, and provides Karmue with an opportunity
to amend other claims asserted in the amended complaint.
Claims to be Served
Claims Against John Does #1 - #4
claims identified in the R&R as Claims 1, 2, and 3, are
asserted against unnamed USMS-RI deputies identified as John
Does #1 - #4. The clerk's office is directed to prepare
and issue summonses for John Does #1 - #4, using the address
of the USMS-RI, and to make copies of the Amended Complaint
(Doc. No. 11), the motions for temporary restraining orders
(Doc. Nos. 17-20), the motions for preliminary injunctions
(Doc. Nos. 21-24), the June 27, 2017 R&R (Doc. No. 41),
the R&R issued this date, and this Order. The clerk's
office is directed to send a copy of those documents,
including the summonses, to the Attorney General of the
United States, by certified mail. The clerk's office is
further directed to provide two sets of copies of those
documents and the summonses to the United States Marshals
Service for delivery to the civil process clerk at the Office
of United States Attorney for the District of Rhode Island,
pursuant to procedures authorized by Rules 4(c)(3), 4(e) and
4(i)(3) of the Federal Rules of Civil Procedure.
sixty days of the date of this Order, the United States
Attorney for the District of Rhode Island is directed to file
a notice stating the names of the individuals identified in
this Order as John Does #1 - #4, as well as an address at
which those defendants can be served. If the names of the John Doe
defendants cannot be determined within sixty days, the United
States Attorney for the District of Rhode Island is directed
to file a notice to that effect with the court, setting forth
the efforts made to discover the identity of those
receipt of the identity and address of the John Doe
defendants, or other response to this Order, the court may
direct service on those defendants as necessary. No answer to
the amended complaint need be filed on behalf of any of the
defendants identified as John Does #1 - #4 prior to this
court's issuance of an Order directing service upon those
Americans with Disabilities Act Claim
clerk's office is directed to prepare a summons form for
the WDC Warden, using the WDC address. The clerk's office
shall forward to the USMS-RI: the Amended Complaint (Doc. No.
11), the motions for temporary restraining orders (Doc. Nos.
17-20), the motions for preliminary injunctions (Doc. Nos.
21-24), the June 27, 2017 Report and Recommendation (Doc. No.
41), and this Order, for service on the WDC Warden, using the
WDC address. Upon receipt of the necessary documentation, the
USMS-RI is directed serve process upon the WDC Warden
pursuant to 28 U.S.C. § 1915(d) and Rules 4(c)(3), 4(e),
and 4(j)(2) of the Federal Rules of Civil Procedure.
is instructed to answer or otherwise plead within twenty-one
days of service. See Fed.R.Civ.P. 12(a)(1)(A).
Plaintiff is instructed that all future pleadings, written
motions, notices, or similar papers shall be served directly
on the WDC Warden by delivering or mailing the materials to
that defendant or the defendant's attorney(s), pursuant
to Fed.R.Civ.P. 5(b).
Claims to be Amended