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Karmue v. Remington

United States District Court, D. Rhode Island

July 21, 2017

Kormahyah Karmue
v.
David Remington, Chief Deputy United States Marshal, [1]

          ORDER

          Andrea K. Johnstone United States Magistrate Judge

         Before 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).

         In 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.

         Discussion

         I. Claims to be Served

          A. Claims Against John Does #1 - #4

         The 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.

         Within 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.[2] 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 defendants.

         Upon 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 defendants individually.

         B. Americans with Disabilities Act Claim

         The 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.

         Defendant 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).

         II. Claims to be Amended

         A. Inadequate ...


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