United States District Court, D. Utah
MEMORANDUM DECISION & ORDER DISMISSING DEFENDANT
& ORDERING SERVICE ON REMAINING DEFENDANTS
CAMPBELL UNITED STATES DISTRICT COURT JUDGE.
Daniel Ortiz, filed a pro se civil rights case,
see 42 U.S.C.S. § 1983 (2017), proceeding
in forma pauperis, see 28 id.
1915. The Court now screens his Complaint, under the standard
that any claims in a complaint filed in forma
pauperis must be dismissed if they are frivolous,
malicious or fail to state a claim upon which relief may be
granted. See Id. §§ 1915-1915A.
ORDER ON DEFENDANT UDOC
names as a defendant Utah Department of Corrections (UDOC).
The Court dismisses UDOC, as a governmental subdivision that
has neither the right to sue nor be sued and has immunity
under the Eleventh Amendment.
FOR SERVICE OF PROCESS ON REMAINING DEFENDANTS
Court concludes that official service of process is warranted
on the remaining defendants. The United States Marshals
Service (USMS) is directed to serve a properly issued summons
and a copy of Plaintiff's Complaint, (see Docket
Entry # 4), along with this Order, upon the following
defendants: Officer Torgenson, Captain Cultur,
Lieutenant Peterson, Sergeant Pickett,
Officer Braithwait, CHS Allred, CHS George, Sergeant
Anderson, and Officer Ekkart.
served, Defendants shall respond to the summons in one of the
(A) If Defendants wish to assert the affirmative defense of
Plaintiff's failure to exhaust administrative remedies in
a grievance process, Defendants must,
(i) within 20 days of service, file an answer;
(ii) within 90 days of filing an answer, prepare and file a
Martinez report limited to the exhaustion
(iii) within 120 days of filing an answer, file a separate
summary judgment motion, with a supporting memorandum.
(B) If Defendants choose to challenge the bare allegations of
the Complaint, Defendants shall, within 20 days of service,
(i) file an answer; or
(ii) file a motion to dismiss based on Federal Rule of Civil