Opinion
1:22-cv-01087
01-18-2024
FRANCISCO PEREZ, Plaintiff v. SUPERINTENDENT KEVIN RANSOME, et al., Defendants
ORDER
SYLVIA H. RAMBO, UNITED STATES DISTRICT JUDGE
AND NOW, on this 18th day of January 2024, upon consideration of Defendant Taylor Mack (“Defendant Mack”)'s motion to dismiss the complaint, filed pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure (Doc. No. 16) and Plaintiff Francisco Perez (“Plaintiff”)'s motion seeking the appointment of counsel (Doc. No. 26), IT IS ORDERED THAT:
1. Defendant Mack's motion to dismiss (Doc. No. 16) is GRANTED, and Defendant Mack is TERMINATED as a Defendant from the caption of this case;
2. This action SHALL PROCEED against Defendant Dr. Scott Prince (“Prince”) and Defendant Nurse Jane Doe 2; and
3. Plaintiff's motion seeking the appointment of counsel (Doc. No. 26) is DENIED WITHOUT PREJUDCE.
The Court notes that, with respect to Defendant Prince, there is a close of fact discovery deadline of February 1, 2024, and a dispositive motions deadline of April 1, 2024. (Doc. No. 25.)