KITCHEN v. ESSEX COUNTY CORRECTIONAL FACILITY et al, No. 2:2012cv02199 - Document 18 (D.N.J. 2012)
Court Description: MEMORANDUM OPINION AND ORDER directing the pltf. to file within 45 days from entry this order an amended complt., identifying the individual defts. in this matter and detailing his challenges against each deft.; directing the Clerk to serve a copy of this memorandum opinion and order by certified mail, return receipt. Signed by Judge Jose L. Linares on 11/30/2012. (nr, )
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY ARTHUR KITCHEN, Civil Action No. 12-2199 (JLL) Plaintiff, V. MEMORANDUM OPINION AND ORDER ESSEX COUNTY CORRECTIONAL FACILITY et al., Defendant. It appearing that: 1. On April 12, 2012, Plaintiff, a state prisoner, for filing his civil complaint ( Complaint ) submitted and his application to prosecute this matter j forma pauperis. [Docket Entry No. that, 1.] on January 21, In his Complaint, 2012, provocation on his part, he had been assaulted, The Court, therefore, pursuant to 28 U.S.C. without a by unidentified correctional officers and suffered severe injuries. 2. Plaintiff asserted (Id. at 4, 6 7.) screened Plaintiff s Complaint, ยง 1915(e) (2) (B), and determined that Plaintiff s allegations stated a claim within the meaning of Rule 8 of the Federal Rules of Civil Procedure, interpreted in Ashcroft v. [Docket Entry No. 2]. Igbal, However, 556 U.S. 662 as (2009) since Plaintiff s Complaint failed to identify the correctional officers who allegedly assaulted him, this Court being mindful of the holding of ___________, Aiston v. Parker, 363 F.3d 229, directed the Clerk: (a) 233 n.6 (3d Cir. 2004), to execute service upon the Attorney General for the State of New Jersey, who was designated for the purposes of the instant stage of these proceedings to act as a constructive agent for service; and (b) file Plaintiff s Complaint so he could amend his pleading by identifying his Defendants and, thus, process by the united States Marshal. 3. On November 18, 2012, enabling service of () the Attorney General filed a letter informing the Court that Plaintiff had been served with relevant reports and medical records. IT IS, therefore, on this [Docket Entry No. day of ORDERED that Plaintiff s amended complaint, 17.] 2012, identifying the individual Defendants in this matter and detailing his challenges against each Defendant shall be filed within forty-five days from the date of entry of this Memorandum Opinion and Order; and it is further ORDERED that the Clerk of the Court shall serve a copy of this Memorandum Opinion and Order upon Plaintiff by certified mail, return receipt requested. L. LINARES States District Judge Page 2 of 2
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