Jackson v. Covello

Hon. Mitchell D. Dembin United States Magistrate Judge

ORDER DENYING MOTION TO CORRECT NUMBER OF DEFENDANTS [ECF NO. 49]

Hon. Mitchell D. Dembin United States Magistrate Judge

Plaintiff Ricardo Jackson, a prisoner proceeding in forma pauperis and without counsel, filed an Amended Complaint in this action on April 7, 2022, naming nine defendants. (ECF No. 45). The Court granted leave to file that pleading on April 18, 2022. (ECF No. 46). The Court dismissed Plaintiff's claims against three of those nine defendants (the “Dismissed Parties”) on November 8, 2022, then directed the U.S. Marshal to serve the remaining six defendants. (ECF No. 47). The Clerk of Court issued the Summons. (ECF No. 48). The Clerk then delivered to Plaintiff seven copies of the Summons (one for each defendant and one for the U.S. Marshal's records), eight copies of the Amended Complaint (one for each defendant, one for the U.S. Marshal's records, and one for Plaintiff's own records), two copies of the order authorizing service on the remaining six defendants (one for the U.S Marshal's records and one for Plaintiff's own records), and six blank U.S. Marshal Service Forms (for plaintiff to fill out with each defendant's name and address to facilitate the U.S. Marshal's service of process). (See ECF No. 48-1).

Plaintiff filed a “Motion for Correction to the Number of Defendant[s],” asking the Court to send him additional copies of the Summons and Amended Complaint in order to effectuate service on all nine defendants named in that pleading. (ECF No. 49). The Motion is DENIED. The Court did not authorize service on the Dismissed Parties because Plaintiff failed to state viable claims against them. (See ECF No. 47). There is no need to serve the Dismissed Parties with process because they are no longer defendants to this action.

IT IS SO ORDERED.