Thrasher #279825 v. Vannorstran et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Alex Guy Gillis Thrasher,
Plaintiff,
v.
Unknown VanNorstran, et al.,
Defendants.
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No. CIV 24-050-TUC-CKJ
ORDER
Pending before the Court is the Motion for Clarification (Doc. 84) filed by Defendant
Jennifer VanNorstran ("VanNorstran") and the Clarification/Request from Plaintiff
Regarding Third Amended Complaint's Submission and Contents Thereof and Status Update
of Current Affairs (Doc. 85) filed by Alex Guy Gillis Thrasher ("Thrasher").
I. Applicable Procedural History
On June 20, 2025, this Court issued an Order screening the Second Amended
Complaint ("SAC") (Doc. 47) filed by Thrasher. The Court determined, inter alia:
1. Thrasher stated an Eighth Amendment claim based on delayed medical treatment
against Unknown VanNorstran in Count I.
2. Thrasher stated procedural and due process claims based the allegations he was
denied his right to determine his own medical care against NaphCare in Claim II.
3. Thrasher stated an Eighth Amendment claim regarding the denial of an updated
COVID-19 vaccine against NaphCare in Claim III.
4. Thrasher stated claims of supervisor liability against the Unknown Supervisor(s)
Case 4:24-cv-00050-CKJ Document 86 Filed 01/02/26 Page 1 of 4

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of medical staff for ultrasound and D.V.T. and the Unknown Supervisor(s) of vaccine
acquisition in Claim IV.
June 20, 2025 (Doc. 47).
On October 14, 2025, this Court issued an Order which granted Thrasher leave to
submit a Third Amended Complaint ("TAC"). October 14, 2025, Order (Doc. 77). However,
because the time for requesting leave to amend had passed, the leave afforded to Thrasher
was for the sole purpose of substituting named persons for Unknown Defendants. (Id. at 3).
Thrasher filed his TAC on December 8, 2025 (Doc. 83). VanNorstran has filed a
Motion for Clarification in which she requests the Court clarify if an Order screening the
TAC will be issued (Doc. 84). Thrasher has filed a Clarification/Request from Plaintiff
Regarding Third Amended Complaint's Submission and Contents Thereof and Status Update
of Current Affairs (Doc. 85). Thrasher discusses his decision to omit Claim I from his TAC
and ongoing alleged medical treatment, and lack thereof, provided to him and other prisoners
("Status Update").
II. Motion for Clarification (Doc. 84) and Clarification/Request from Plaintiff Regarding
Third Amended Complaint's Submission and Contents Thereof and Status Update of Current
Affairs (Doc. 85)
The Court has reviewed the TAC. Although the body of the TAC seeks to state claims
against NaphCare, NaphCare is not stated as a party in the caption of the document nor is
Naphcare listed as a party in the parties section of the TAC. TAC (Doc. 83, p. 2). The
Court's prior Order stated:
Thrasher is advised that all causes of action alleged in the Second Amended
Complaint which are not alleged in any Third Amended Complaint will be waived.
Hal Roach Studios v. Richard Feiner & Co., 896 F.2d 1542, 1546 (9th Cir. 1990) ("an
amended pleading supersedes the original"); King v. Atiyeh, 814 F.2d 565 (9th Cir.
1987). In other words, Thrasher may choose to duplicate his Second Amended
Complaint with the only modification being the naming of identified persons in lieu
of Unknown Defendants.
October 14, 2025, Order (Doc. 77, p. 3). Thrasher is advised his conclusion "Count 1 as
previously described in Second Amended Complaint would proceed in being litigated" with
Case 4:24-cv-00050-CKJ Document 86 Filed 01/02/26 Page 2 of 4

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1Thrasher is advised that any unknown defendants will be dismissed if Thrasher is unable
to uncover identities.
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claims alleged in the TAC, Status Update (Doc. 85, p. 2) fails to comply with the Court's
statement that claims not alleged in the TAC will be waived. In other words, by failing to
include Claim I and by failing to name Naphcare as a party, Thrasher has implicitly dismissed
the claims against NaphCare.
The Court finds it appropriate to afford Thrasher an opportunity to submit a Fourth
Amended Complaint ("FAC") to re-state Naphcare as a defendant if he so chooses; the Court
will screen any FAC before any responsive pleading/answer is required. If Thrasher fails to
submit a Fourth Amended Complaint within the time set forth herein, the Court will accept
the TAC and screen it as is.
Additionally, in light of the time afforded to Thrasher to submit a FAC, the Court will
stay the case management deadlines in this case pending the screening of the TAC or FAC.
III. Miscellaneous
The Court recognizes Thrasher's TAC includes a statement that he has "no way . . .
to find parties" and requests the Court's assistance. TAC (Doc. 83, ECF p. 8 of 10). The
Court previously stated:
Generally, unknown defendants are unfavored. However, if the identity of any
defendant is unknown, "the plaintiff should be given an opportunity through discovery
to identify the unknown defendants, unless it is clear that discovery would not
uncover the identities, or that the complaint would be dismissed on other grounds.
Crowley v. Bannister, 734 F.3d 967, 978 (9th Cir. 2013), citation omitted.
June 20, 2025, Order (Doc. 47, p. 3, n. 1).1 The Court has sought to assist Thrasher in
ascertaining parties and service information. See e.g., July 16, 2025, Order (Doc. 51)
(granting additional time to allow Thrasher an opportunity to seek information), August 28,
2025, Order (Doc. 64) (directing VanNorstran to provide information if known/available).
The Court finds it appropriate to inform Thrasher he may choose to serve NaphCare's
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registered agent for service of process (and provide the information to the U.S. Marshal),
whose currently stated name and address is:
Corporation Service Company, Inc.
641 South Lawrence Street
Montgomery, AL 36104
Alabama Secretary of State, Business Entity Search, https://arc-sos.state.al.us/cgi/
corpdetail.mbr/detail?corp=000159132&page=name&file=V&type=ALL&status=ALL&
place=ALL&city=. The Court is not aware of any further actions that would assist Thrasher
in ascertaining the names or service addresses of unknown defendants.
Accordingly, IT IS ORDERED:
1. The Motion for Clarification (Doc. 84) is GRANTED to the extent discussed
herein.
2. The Clarification/Request from Plaintiff Regarding Third Amended Complaint's
Submission and Contents Thereof and Status Update of Current Affairs (Doc. 85) is
GRANTED to the extent discussed herein.
3. Thrasher shall file any Fourth Amended Complaint on or before January 23, 2026.
4. The Case Management Deadlines are STAYED pending the screening of either the
FAC or TAC.
DATED this 2nd day of January, 2026.
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