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Wells v. Sterling

United States District Court, D. South Carolina, Greenville Division

June 2, 2015

Jeremy John Wells, # XXXXX-XXX, Plaintiff,
v.
Director Brian Sterling; Warden Bernard McKey; Nurse McIntyre; Nurse Sermions; Warden Willie Eagleton, Evans Correctional Institution; South Carolina Department of Corrections, Medical Department at Kirkland R&E, Defendants.

REPORT OF MAGISTRATE JUDGE

KEVIN F. McDONALD, Magistrate Judge.

This is a civil rights action filed by a person formerly confined at a state prison facility in South Carolina. The plaintiff is now at a federal prison in Illinois.

The above-captioned case is on remand from the district court. In an order (doc. 15) filed in this case on May 20, 2015, the Honorable Margaret B. Seymour, Senior United States District Judge, adopted, in part, the Report and Recommendation filed in this case on March 30, 2015. The district court dismissed the plaintiff's "medical glove claim" without prejudice and dismissed two defendants, but declined to dismiss the plaintiff's wrongful imprisonment claims.

In an order (doc. 21) filed in this case on May 21, 2015, the undersigned directed the plaintiff to submit Forms USM-285. The plaintiff has done so (doc. 23). In a separately-filed order, the undersigned is authorizing service of process upon defendants Stirling, McKey, and Eagleton, who are the relevant defendants with respect to the plaintiff's wrongful imprisonment claims.

Although Judge Seymour's order of May 20, 2015, dismissed the plaintiff's "medical glove claim" without prejudice, the two nurses still appear as defendants on the docket sheet of this case. There is no allegation in the complaint that the two nurses were involved in the calculation of the plaintiff's release date or in the plaintiff's wrongful imprisonment. See Smith v. Beasley, Civil Action Nos. 0:07-1641-HFF-BM and 0:07-1642-HFF-BM, 2007 WL 2156632, at *2 (D.S.C., July 25, 2007) (adopting magistrate judge's Report and Recommendation collecting cases holding that a plaintiff suing a government official in his or her individual capacity and therefore seeking to hold the official personally liable must show that the official personally caused or played a role in causing the deprivation of a federal right).

In light of the district court's order of May 20, 2015, which dismissed the plaintiff's "medical glove claim" without prejudice, it is recommended that the district court dismiss Nurse McIntyre and Nurse Sermions without prejudice and without service of process.


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