United States District Court, M.D. Tennessee
HONORABLE VICTORIA A. ROBERTS
REPORT AND RECOMMENDATION
BROWN United States Magistrate Judge
August 24, 2017 (Docket Entry 47) the Plaintiff was directed
to show cause why the Magistrate Judge should not recommend
that complaints against unserved Defendants be dismissed for
failure to prosecute by obtaining service of process.
Plaintiff filed a response (Docket Entry 48) that did not
address the issue of why he has not identified the John Doe
Defendant or obtained service of process on Defendants
Aballay, Grievance Chairperson; Garner; and Correctional
Officer Moran. For the reasons stated below, the Magistrate
Judge recommends that the complaint against Doe, the
Grievance Chairperson, and Garner be dismissed without
prejudice for failure to obtain service of process in
accordance with Rule 4 of the Federal Rules of Civil
Plaintiff filed his complaint in forma pauperis on
November 14, 2016 (Docket Entry 1). After an application to
proceed in forma pauperis was approved the District
Judge allowed the case to proceed on January 4, 2017 (Docket
Entry 8). The facts alleged by the Plaintiff were summarized
in paragraph III of the District Judge's order, as
The complaint alleges that the plaintiff is an inmate of the
Trousdale Turner Correctional Center (TTCC) and is a Stage II
insulin-dependent diabetic, a condition documented upon his
arrival as a prisoner at the TTCC. (Docket No. 1 at p. 9).
According to the complaint, on the following dates, the
plaintiff failed to receive at least one of his required
doses of insulin: April 28, 2016, April 29, 2016; May 16,
2016; May 17, 2016; May 23, 2016; May 25, 2016; and May 27,
2016. Similarly, on the following dates, the complaint
alleges that the plaintiff did not receive a meal
specifically designed for insulin-dependent inmates: May 18,
2016 and May 19, 2016.
On May 20, 2016, the plaintiff needed medical attention but
was ignored by C/O Morom and an unnamed C/O. The unnamed C/O
told the plaintiff not to push the emergency call button or
he would be given a Class A Disciplinary. (Id. at p.
On May 21, 2016, the plaintiff asked C/O Morquec to call
medical for him, but Morque said that the Lt. Ecford was on
his way but Ecford never arrived and Morque told the
plaintiff that he was not going to do anything further.
On May 23, 2016, the plaintiff asked C/O Mitchell to call
medical for him, but the plaintiff was not given his insulin
on time and his glucose level was severely low. (Id.
at p. 11).
The complaint alleges that TTCC “is a Facility not
Equipped and not Staffed therefore unable to address this
Medical Condition with CCA Corporate Office first Approving
funds for ‘Every Individual' Medical need resulting
in Essential Treatment being Delayed, Often Failing to meet
Medical needs Specifically during Plaintiff's
Debilitating State of Health.” (Id. at p. 12).
The plaintiff believes that CCA is deliberating attempting to
avoid the high costs associated with the treatment of
The complaint further alleges that when the plaintiff has
submitted grievances concerning his medical treatment for
diabetes, Defendant Garner has refused to process the
grievances and shared many of the grievances among the TTCC
staff, violating the plaintiff's privacy rights and
causing certain staff members to retaliate against the
plaintiff for having filed grievances. (Id. at p.
Court's memorandum (Docket Entry 8) the Plaintiff was
advised that he needed to file an amended complaint to
specify which Defendants retaliated against him because he
filed grievances against them pertaining to his medical
Plaintiff has not amended his complaint. Summonses were
issued on the last known address provided by CCA for
identified Defendants (Docket Entry 44) Moran, Schweitzer,
and Aballay. The summons for Moran was returned as unexecuted
as the individual did not live at the address provided. The
Marshals Service has advised the summons for Schweitzer has
been sent to East Tennessee and Aballay has moved with no
address. It does ...