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Stees v. Guard, Maine State Prison

United States District Court, District of Maine

August 28, 2014

WILLIAM MCBROOM STEES, Plaintiff
v.
GUARD, MAINE STATE PRISON, et als., Defendants.

PLAINTIFF WILLIAM MCBROOM STEES REPRESENTED BY WILLIAM MCBROOM STEES CUMBERLAND COUNTY JAIL

DEFENDANT DAVID ALLEN UNIT MANAGER REPRESENTED BY JAMES E. FORTIN OFFICE OF THE ATTORNEY GENERAL HEALTH AND HUMAN SERVICES DIVISION SIX STATE HOUSE STATION

DEFENDANT OFFICER MENDOZA REPRESENTED BY JAMES E. FORTIN (SEE ABOVE FOR ADDRESS) ATTORNEY TO BE NOTICED

DEFENDANT OFFICER NICKELSON

DEFENDANT OFFICER BRIAN

RECOMMENDED DECISION ON ORDER TO SHOW CAUSE

JOHN C. NIVISON U.S. MAGISTRATE JUDGE

On June 9, 2014, the Court issued an Order directing Plaintiff William McBroom Stees to notify the Court in writing on or before June 20, 2014, of those individuals against whom he is specifically asserting a claim. The Court directed Plaintiff to identify the individuals with sufficient specificity to permit service of the complaint upon them. (ECF No. 11.)

On June 25, 2014, Plaintiff filed an Amendment to Complaint in which Plaintiff identified certain named Defendants (ECF No. 16). After review of Plaintiff’s filing, the Court issued a Notice by which the complaint was to be served pursuant to the Agreement on Service between the Clerk of the Court and the Maine Attorney General. (ECF No. 17.) The State agreed to accept service on behalf of Defendants David Allen and Officer Mendoza. (ECF No. 18.) The Office of the Maine Attorney General declined to accept service on behalf of Sgt. Allen, Officers Nickleson and Brain, Dr. Fine and Mrs. Joy, because the Office was unable to ascertain the identity of Sgt. Allen, Officers Nickleson and Brain and Mrs. Joy, and because Dr. James Fine is not an employee of the State of Maine. (ECF No. 19.)

Because the Office of the Attorney General declined to accept service, and because Plaintiff otherwise had not served the remaining Defendants with the complaint in this matter, the Court ordered that on or before July 25, 2014, Plaintiff shall show cause in writing as to why Plaintiff’s claims against Sgt. Allen, Officers Nickleson and Brain, Dr. Fine and Mrs. Joy should not be dismissed. The Court further ordered that if Plaintiff failed to show cause, the recommendation would be that the Court dismiss Sgt. Allen, Officers Nickleson and Brain, Dr. Fine and Mrs. Joy from this case, and that the case proceed against Defendants David Allen and Officer Mendoza. (ECF No. 20.)

In response to the Show Cause Order, Plaintiff did not assert that he wanted to maintain an action against Sgt. Allen (to the extent that this individual differs from Defendant David Allen), Officer Nickleson, Officer Brain, Dr. Fine and Mrs. Joy. (ECF No. 21.)[1] Plaintiff, therefore, has not shown cause as required by the Court’s order. Accordingly, the recommendation is that the Court dismiss Defendants Sgt. Allen (as distinguished from David Allen), Nickleson, Brain, Fine and Joy.


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