Gonzalez v. Maurer et al
| Victor Gonzalez |
| Kathleen Maurer, Health Services, Department of Corrections, Sharon Burke, Corr. Inst. Cheshire, April Ralaph, Corr. Inst. Garner, Melendez, Corr. Inst. Macdougall, John Doe and Jane Doe |
| 3:2017cv01494 |
| September 6, 2017 |
| US District Court for the District of Connecticut |
| New Haven Office |
| Fairfield |
| Jeffrey A. Meyer |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Filing
10
INITIAL REVIEW ORDER. Pursuant to the attached ruling, the Court enters the following orders. Plaintiff's Eighth Amendment claim shall proceed against Dr. Maurer, Nurse Burke, and Nurse Ralaph. All other claims against the defendants are DISMISS ED. (1) Within twenty-one (21) days of this Order, the Clerk shall ascertain from the Department of Correction Office of Legal Affairs the current work addresses for Dr. Kathleen Maurer, Director of Health Services for the Connecticut Dep artment of Correction, Nurse Sharon Burke, and Nurse April Ralaph and mail a waiver of service of process request packet to each defendant in his or her individual capacity at the current work address. On the thirty-fifth (35th) day after mailing, th e Clerk shall report to the Court on the status of the request. If any defendant fails to return the waiver request, the Clerk shall make arrangements for in-person service by the U.S. Marshals Service and that defendant shall be required to pay the costs of such service in accordance with Federal Rule of Civil Procedure 4(d).(2) Within twenty-one (21) days of this Order, the U.S. Marshals Service shall serve the summons, a copy of the complaint and this order on defendants Dr. Kathl een Maurer, Nurse Sharon Burke, and Nurse April Ralaph in their official capacities by delivering the necessary documents in person to the Office of the Attorney General, 55 Elm Street, Hartford, CT 06141. (3) Defendants shall file their respons e to the complaint, either an answer or motion to dismiss, within sixty (60) days from the date the notice of lawsuit and waiver of service of summons forms are mailed to them. (4) Discovery, pursuant to Federal Rules of Civil Procedure 2 6 through 37, shall be completed within six months (180 days) from the date of this order. (5) All motions for summary judgment shall be filed within seven months (210 days) from the date of this order. (6) If plaintiff seeks to pursue his claims against the two unidentified John/Jane Doe nurses, he may file an amended complaint that includes a description of the conduct of each defendant, the dates on which and where the conduct occurred, and how the conduct violated his constitutional rights. The allegations should refer to each defendant by his or her first and last name or last name and first initial of his or her first name. Plaintiff is cautioned that an amended complaint completely replaces the original compla int. Thus, the factual allegations and claims against Doctor Maurer and Nurses Burke and Ralaph should also be included in any amended complaint. If plaintiff chooses to file an amended complaint, he must do so within thirty (30) days of the d ate of this order. (7) The Pro Se Prisoner Litigation Office shall send a courtesy copy of this Ruling and Order, the Complaint, ECF No. 1, the Motion for Temporary Restraining Order and Preliminary Injunction, ECF No. 3, and the Motion for E mergency Hearing, ECF No. 4, to Assistant Attorneys General Madeline A. Melchionne and Terrence M. O'Neill at the Office of the Attorney General, 110 Sherman Street, Hartford, CT 06105. The defendants shall file a response to the motions for temporary restraining order and preliminary injunction and for a hearing within fourteen (14) days of the date of this order. It is so ordered. Signed by Judge Jeffrey A. Meyer on 10/10/2017. (Black, R.)
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