Summary
dismissing § 1983 claims against jail's "medical staff" as frivolous because the staff was not a legal entity with jural existence
Summary of this case from Simrin v. Correctional Medical ServicesOpinion
NO. 3-02-CV-1546-P
November 13, 2002
ORDER
This action came on for consideration by the Court, and the issues having been duly considered and a decision duly rendered,
It is ORDERED that:
1. Plaintiff is allowed to prosecute his claims against Dr. Perijoc, Nurse Bagget, and Nurse Gay based on the failure to provide him adequate medical care. All other claims are frivolous and are summarily dismissed pursuant to 28 U.S.C. § 1915(e)(2).
2. The Clerk of the Court shall issue summons and the United States Marshal's Service shall serve process on the following: Dr. Perijoc, Nurse Bagget, and Nurse Gay.
3. This case is now referred back to the District Judge.
4. The Clerk shall transmit a true copy of this Order and the Order accepting the Findings and Recommendation of the United States Magistrate Judge to all parties.