Vaughn v. North Branch Correctional Institute et al, No. 1:2022cv00407 - Document 31 (D. Md. 2023)

Court Description: MEMORANDUM OPINION. Signed by Judge Peter J. Messitte on 2/23/2023. (kk5s, Deputy Clerk)

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Vaughn v. North Branch Correctional Institute et al Doc. 31 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND DONALD D. VAUGHAN, Plaintiff, Civil Action No.: PJM-22-407 V. WARDEN JEFF NINES,et al., Defendants. MEMORANDUM OPINION Donald D. Vaughan, an inmate incarcerated at North Branch Correctional Institution in Cumberland, Maryland ("NBCI"), acting pro se, has filed suit pursuant to 42 U.S.C. ยง 1983, alleging that the conditions of his confinement are unconstitutional under the Eighth Amendment to the United States Constitution. ECF No. 1. He brings this action against former Maryland Governor Larry Hogan; Jeff Nines, the Warden North Branch Correctional Institution^; the Commissioner of Corrections; the Assistant Warden ofNorth Branch Correctional Institution; and the Chief of Security of North Branch Correctional Institution. On August 1, 2022, Defendants filed a Motion to Dismiss or, in the Alternative, Motion for Summary Judgment. ECF Nos. 9,10. In addition to his Opposition, filed on August 22,2022 (ECF No. 17), Vaughn has made numerous filings, including three motions to appoint counsel (ECF Nos. 16, 18, 24).^ 'On September 19,2022, Vaughn filed a Motion for Leave to File an Amended Complaint, which states that since filing his Complaint he has determined that the NBCI Warden is Jeff Nines. ECF No. 19. The Motion will be granted and the docket shall be fended to reflect that Defendant Warden-NBCI is Warden Jeff Nines. Further, the Court takes judicial notice of the fact that Larry Hogan is no longer Governor of Maryland and has been succeeded by Wes Moore. Moore will be substituted as a Defendant in place of Hogan. ^ Vaughn's other filings consist of declarations, medical records, internal grievances, and other correspondence labeled as supplements. ECF No. 20-22,28-29. Dockets.Justia.com

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