Luna v. Wexford Health Sources, Inc. et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
JESSE BEN LUNA,
Plaintiff,
v. 	Case No. 2:25-cv-00133-KWR-LF
WEXFORD HEALTH SOURCES, INC.
et al.
ORDER REQUESTING WAIVER OF SERVICE AND
FOR PLAINTIFF TO PROVIDE ADDRESSES FOR DEFENDANTS
THIS MATTER is before the Court sua sponte, or on its own accord. Plaintiff Jesse Luna
commenced this action in New Mexico state court, and defendant Wexford Health Sources, Inc.
(“Wexford”) removed the case to this Court on February 7, 2025. Doc. 1 at 1. Plaintiff served
Wexford with his complaint on January 10, 2025, but has not yet served the remaining
defendants. Because Mr. Luna is proceeding in this matter in forma pauperis, the Court will
serve the remaining defendants. Doc. 16 at 2. The Court ordered Mr. Luna to provide the
addresses of the remaining defendants, id., and Mr. Luna filed a document with some, but not all,
of the requested addresses, see Doc. 20.
Mr. Luna provided addresses for Dr. Jose Andrade Brazza, Warden Carlos Lazarin, RNP
David Saavedra, J. Sigala, Alisha Tafoya Luccro, and New Mexico Department of Corrections.
Doc. 20 at 1. However, Mr. Luna did not provide addresses for defendants LNP Klinger, Dr.
Zhu, Dr. Dieter Dennig, Warden Mike De La Torre, and Hernia Mesh Manufacturer. Mr. Luna
shall have until February 20, 2026, to provide the Court with the addresses for those defendants.
Failure to provide addresses for these defendants by the deadline may result in dismissal of this
action against them.
Case 2:25-cv-00133-KWR-LF Document 22 Filed 01/21/26 Page 1 of 3

2
The Clerk of the Court is ordered to notify defendants Dr. Jose Andrade-Barazza, RNP
David Saavedra, J. Sigala, Alisha Tafoya Lucero, Warden Lazarin, and New Mexico Department
of Corrections that an action has been commenced against them and request that they each waive
service pursuant to Federal Rule of Civil Procedure 4(d). The notice shall include a copy of this
order, a waiver of service form, and the Notice of Removal (Doc. 1) and its attached exhibits
(Doc. 1-1; Doc. 1-2; Doc. 1-3; Doc. 1-4; Doc. 1-5; Doc. 1-6). The Clerk of the Court will mail
these documents to the defendants at the following addresses:
Dr. Jose Andrade-Barazza
Southern New Mexico Correctional Facility
1983 Joe R. Silva Boulevard,
Las Cruces, New Mexico 88004
J. Sigala
Southern New Mexico Correctional Facility
1983 Joe R. Silva Boulevard,
Las Cruces, New Mexico 88004
RNP Saavedra
Southern New Mexico Correctional Facility
1983 Joe R. Silva Boulevard,
Las Cruces, New Mexico 88004
D.W. Carlos Lazarin
Southern New Mexico Correctional Facility
1983 Joe R. Silva Boulevard,
Las Cruces, New Mexico 88004
Alisha Tafoya Lucero
Office of the Secretary
New Mexico Corrections Department
P.O. Box 27116,
Santa Fe, New Mexico 87502-0116
Case 2:25-cv-00133-KWR-LF Document 22 Filed 01/21/26 Page 2 of 3

3
New Mexico Corrections Department
Office of the Secretary
New Mexico Corrections Department
P.O. Box 27116,
Santa Fe, New Mexico 87502-0116
If the above defendants have not returned the waiver of service forms within 45 days
after they are mailed, then the Court will serve a copy of the summons and Notice of Removal on
the defendants.
In summary:
1. 	Mr. Luna shall provide addresses for defendants LNP Lilian A. Klinger, Dr. Zhu, Dr.
Dieter Dennig, Warden Mike De La Torre, and Hernia Mesh Manufacturer no later
than February 20, 2026.
2. 	The Clerk of the Court is directed to mail a copy of this order, a waiver of service
form, and the Notice of Removal (Doc. 1) and its attached exhibits (Doc. 1-1; Doc. 1-
2; Doc. 1-3; Doc. 1-4; Doc. 1-5; Doc. 1-6) to Dr. Jose Andrade Barazza, J. Sigala,
RNP Saavedra, D.W. Carlos Lazarin, Alisha Tafoya Lucero, and New Mexico
Corrections Department at the addresses provided above.
IT IS SO ORDERED.
Laura Fashing
United States Magistrate Judge
Case 2:25-cv-00133-KWR-LF Document 22 Filed 01/21/26 Page 3 of 3