Opinion
Civil Action No. 10-cv-00515-PAB-KMT.
September 15, 2011
ORDER
This matter is before the Court on plaintiff's amended complaint [Docket No. 133]. On June 13, 2011, the Court ordered plaintiff to file an amended complaint, directing his amended complaint to include his first claim as stated in the proposed amended complaint [Docket No. 64]; his second claim as stated in the proposed amended complaint, but only against defendants Shephard, Smith, and Bland; and his third and fourth claims as stated in the proposed amended complaint, but only seeking punitive and nominal damages. See Docket No. 131 at 10. The Court directed plaintiff to file his amended complaint on or before July 8, 2011. See id. On July 7, 2011, plaintiff mailed his amended complaint [Docket No. 133], which was received by the Court on July 11, 2011. Plaintiff's amended complaint includes claims against defendants not previously named in plaintiff's earlier complaint and not named in his proposed amended complaint. These defendants include John Butterfield, Kenneth Dewalt, Joseph Determan, and Michael Hughes. Compare Docket No. 133 at 1 with Docket No. 64 at 1. Plaintiff has not sought leave to add these parties as defendants. Although plaintiff's proposed amended complaint named John and Jane Doe defendants, plaintiff identified these unknown defendants as "Health Services Administrator, Buena Vista Correctional Facility." See Docket No. 64 at 1. None of the new defendants added in plaintiff's amended complaint are Health Services Administrators. Accordingly, it is
ORDERED that plaintiff's claims against John Butterfield, Kenneth Dewalt, Joseph Determan, and Michael Hughes are DISMISSED.