United States District Court, S.D. Georgia, Dublin Division
K. EFPS UNITED STATES MAGISTRATE JUDGE S OUTHERN DIS TRICT OF
se Plaintiff, formerly incarcerated at Johnson State
Prison (“JSP”) in Wrightsville, Georgia, filed
the above-captioned case pursuant to 42 U.S.C. § 1983.
Before the Court are Plaintiff's Motion to Reinstate
Defendants (doc. no. 61) and Motion for Extension of Time
(doc. no. 62).
Court DENIES Plaintiff's Motion to
Reinstate Defendants. (Doc. no. 61.) Contrary to
Plaintiff's contention, these Defendants were not
“dropped” from the case for lack of service.
Rather, the Court screened Plaintiff's amended complaint
pursuant to 28 U.S.C. §1915A, and found that Plaintiff
failed to state a claim upon which relief could be granted
for (1) denial of due process by denying his grievances
against Defendants Williams, Wicker-Humphries, Emmons, Price,
and Baker; (2) terroristic threats against Defendant
O'Neal; (3) ordering gang members to assault him and
inject him with staph infection against Defendant O'Neal;
(4) Eighth Amendment claim for deliberate indifference to his
safety against Defendants Williams, Emmons, Price,
O'Neal, and Jefferson; (5) Eighth Amendment claim for
deliberate indifference to his back injury, wrists and hands
injury, hemorrhoids, and staph infection against Defendants
Price, JSP Medical Provider, John Doe JSP Medical Director,
Jefferson, Andrews-Bodi, and Nurse Brian Doe; (6) failure to
enforce prison cell phone regulations against Defendants
James Doe Deputy Warden of Security and James Doe person in
charge of security; (7) supervisory liability claims against
Defendant Price; and (8) all claims against Defendants Nathan
Deal and Homer Bryson. (Doc. nos. 31, 39.) As a result, the
Court dismissed Defendants Emmons, Baker, O'Neal, James
Doe Deputy Warden of Security, James Doe in charge of
security, JSP Medical Provider, John Doe JSP Medical
Director, Jefferson, Andrews-Bodi, Nurse Brian Doe, Deal, and
Bryson from this case. (Id.) Accordingly, the Court
will not reinstate Defendants properly dismissed from this
Court likewise DENIES Plaintiff's Motion
for Extension of Time. (Doc. no. 62.) As the Court previously
informed Plaintiff, the Court will not grant blanket
extensions on all deadlines. (See doc. no. 47, p.
1.) However, in the interest of justice and efficiency, the
Court will briefly provide Plaintiff with information on the
procedural posture of the case and instructions on how he
17, 2017, in response to Plaintiff's allegations all of
his papers were taken by Warden Scott Wilkes and his request
for a ninety-day extension, the Court directed the United
States Marshal to serve remaining Defendants with the
complaint and summons for claims of (1)
punishment for filing grievances against Defendants Williams
and Wicker-Humphries; (2) excessive force against Defendant
Wiggins; and (3) deliberate indifference to psychiatric needs
against Defendants Perry, Price, JSP Psychiatric Provider,
and Director of JSP Psychiatric Provider. (Doc. no. 51, pp.
2-3; doc. no. 33, p. 6.) The Court explained to Plaintiff
that it was his responsibility to provide sufficient
information for the Marshal to identify and locate Defendants
to timely effect service within 90 days of the Court's
March 20th Order. (Doc. no. 51, p. 3 (citing Fed.R.Civ.P.
4(m).) The Court also informed Plaintiff that any Defendant
not timely served within this 90-day period may be dismissed.
(Id.) Defendants Wicker-Humphries, Perry, Price, and
Williams have all waived service and filed an answer to
Plaintiff's amended complaint. (Doc. nos. 54, 56, 57, 58,
Marshal attempted to effect service upon John or Jane Doe,
Director of JSP's Psychiatric Provider, and JSP's
Psychiatric Treatment Provider but was unable to do so. Based
on Plaintiff's amended complaint, they were able to
identify and name four possible individuals and psychological
providers who possibly provided Plaintiff with psychological
treatment while he was incarcerated at JSP but were unable to
verify the Defendants Plaintiff intends to sue.(See
Exhibit A; doc. no. 52; Exhibit B; doc. no. 59.) The Court
previously instructed Plaintiff in its May 31, 2017, Order to
“provide enough specific information to adequately
identify [John or Jane Doe], file an amended complaint to
correct the name of [John or Jane Doe] with correct
identifying contact information, or file a voluntary
dismissal of [John or Jane Doe].” (Doc. no. 53.)
consistent with this Court's May 17th and May 31st
Orders, Plaintiff must, within fourteen (14) days
from the date of this Order, either provide
enough specific information to adequately identify Defendants
John or Jane Doe, Director of JSP's Psychiatric Provider,
and JSP's Psychiatric Treatment Provider, file an amended
complaint to correct the name of these defendants with
correct identifying contact information, or file a voluntary
dismissal of these defendants. Should Plaintiff not respond,
the Court will recommend dismissal of these defendants
without prejudice for failure to effect service.
the ninety-day period for service expired on August 15, 2017.
However, as the United States Marshal indicated, they mailed
Defendant Wiggins a notice and waiver of service on July 19,
2017, and his time to waive service has not yet expired.
Accordingly, the Court EXTENDS the deadline
for service until October 2, 2017, in order to ensure all
Defendants are properly served.
Plaintiff indicates a possible desire to dismiss his case
without prejudice and refile his case. (See doc. no.
62, pp. 2-3.) While the Court cannot give Plaintiff any legal
advice on the ramifications of such a course of action, he
may file a motion with the Court to dismiss the present case
without prejudice and attempt to file a new suit regarding
the same claims if he wishes.
The CLERK is
DIRECTED to attach the returns of service,
(doc. nos. 52, 59), to Plaintiff's copy of this Order as