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Garman v. Colby

United States District Court, D. Utah

May 13, 2019

JOHN PAUL GARMAN, Plaintiff,
v.
COLBY et al., Defendants.

          MEMORANDUM DECISION & DISMISSAL ORDER

          TED STEWART, DISTRICT COURT UNITED STATES JUDGE

         BACKGROUND

         • February 23, 2016 Complaint filed, alleging claims against “Salt Lake County Jail Medical Staff.” (Doc. No. 6.)

         • May 31, 2017 Order granting Plaintiff's motion to amend, noting “'[t]o state a claim, a complaint must “make clear exactly who is alleged to have done what to whom.”'” (Doc. No. 15, at 2 (quoting Stone v. Albert, No. 08-2222, slip op. at 4 (10th Cir. July 20, 2009) (unpublished) (emphasis in original)) (citation omitted).)

         • September 25, 2017 Order screening Complaint and requiring amendment to cure deficiencies, noting again, “'[t]o state a claim, a complaint must “make clear exactly who is alleged to have done what to whom.”'” (Doc. No. 19, at 2 (quoting Stone, slip op. at 4).) The Court warned, “If Plaintiff fails to timely cure the . . . deficiencies according to the instructions here this action will be dismissed without further notice.” (Id. at 3.)

         • November 7, 2017 Amended Complaint filed alleging inadequate medical treatment. (Doc. No. 21.) Based on documents filed, it appears the timeframe for the medical treatment was 2013-14. (Doc. Nos. 6 & 21.) Defendants were identified as follows:

“Colby ID#/IS# HY4 10-21-13/1/9/2014 Nurse/Doctor ID#/IS# QTZ 10-21-13/10/30/13 Nurse/Doctor ID#/IS GR2 1/22/14 Nurse ID#/IS# JF3 10/19/13”

(Doc. No. 21.)

         • February 9, 2018 Service of Amended Complaint ordered on defendants using the above description from Plaintiff. (Doc. No. 22.) Salt Lake County ordered to disclose information to help identify defendants by name. (Doc. No. 23.)

         • March 5, 2018 Summonses returned unexecuted, marked “Clerk refused service/cannot ID employee by ID number[s] listed above.” (Doc. No. 25.)

         • May 17- Plaintiff submits corrections to defendant descriptions. (Doc. Nos. 28-30.) November 8, 2018

         • December 5, 2018 Service of Amended Complaint ordered on defendants using corrected descriptions. (Doc. No. 31.) Salt Lake County ordered to disclose information to help identify defendants by name. (Doc. No. 32.)

         • December 18, 2018 Summonses returned unexecuted, marked “HR Div. refused to accept service w/o full name of employee[s] time of employment.” (Doc. No. 34.)

         • March 20, 2019 Order requiring Salt Lake County to “respond with any information in its possession that would help the Court effect service on these defendants. The County must search any records that would help it identify these defendants based on ...


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