Theroux v. Massachusetts Department of Correction et al

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UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
SKYLAR MARIE THEROUX, formerly known
as
Michael Theroux,
Plaintiff,
v.
MASSACHUSETTS DEPARTMENT OF
CORRECTION, et al.,
Defendants.
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CIVIL ACTION
NO. 25-40079-MRG
ORDER
February 17, 2026
GUZMAN, D.J.
Plaintiff Skylar Marie Theroux (“Theroux” or “Plaintiff”), formerly known as Michael
Theroux, filed a complaint under 42 U.S.C. § 1983 and the Americans with Disabilities Act,
alleging that while confined to the North Central Correctional Institution in Gardner,
Massachusetts (“NCCI Gardner”), Plaintiff’s constitutional rights were violated by the
correctional defendants. By Memorandum and Order dated September 24, 2025, Plaintiff was
granted leave to proceed in forma pauperis and was advised that in order to proceed, Plaintiff
must file an amended complaint.
Now before the Court is Plaintiff’s amended complaint. The Court will allow the
amended complaint to be served and will direct the Clerk to issue summonses.
Accordingly, the Court hereby orders:
1. 	The Clerk shall issue summonses for service of the amended complaint on the named
defendants. Theroux is responsible for ensuring that the summons, the amended
complaint, and this order are served on the named defendants.
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2. 	At this time, summonses will not issue as to the defendants identified as “John Doe 1-2.”
If, through discovery, Theroux discovers the true names of these defendants, plaintiff
“should act promptly to amend the complaint to substitute the correct parties and to
dismiss any baseless claims.” Martinez-Rivera v. Sanchez Ramos, 498 F.3d 3, 8 n.5 (1st
Cir. 2007). Theroux may then also file a motion for issuance of summonses for these
defendants. If a summons issues, the United States Marshal shall complete service as
directed by Theroux with all costs of service to be advanced by the United States.
3. 	Because Theroux is proceeding in forma pauperis, he may elect to have the United States
Marshals Service (“USMS”) complete service with all costs of service to be advanced by
the United States. 	If Theroux chooses to have service completed by the USMS, he shall
provide the agency with all papers for service and a completed USM-285 form for each
party to be served. The USMS shall then complete service, as directed by Theroux, with
all costs of service to be advanced by the United States The Clerk shall provide plaintiff
with forms and instructions for service by the USMS.
4. 	Theroux shall have 90 days from the date of the issuance of the summonses to complete
service. Failure to complete service within 90 days may result in dismissal of the action
without further notice from the Court. See Fed. R. Civ. P. 4(m); Local Rule 4.1 (D.
Mass.).
So Ordered.
/s/ Margaret R. Guzman
Margaret R. Guzman
United States District Judge
Dated: February 17, 2026
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