Bakambia v. Hart et al

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Marc Amouri Bakambia,
Plaintiff,
v.
Alexandria Hart, et al.,
Defendants.
Case No. 24-cv-3653 (LMP/DJF)
ORDER
This matter is before the Court on Plaintiff Marc Amouri Bakambia’s Motion to Amend
Complaint (ECF No. 134) (“Motion”). Mr. Bakambia is an inmate at the Minnesota Correctional
Facility in Lino Lakes, Minnesota (ECF No. 98), and he is suing Defendants for constitutional
violations stemming from their alleged delay in scheduling medical appointments for him and denial
of access to his prescribed medication during his incarceration (ECF No. 134 at 2-3). Plaintiff’s
Motion seeks the Court’s leave to file an Amended Complaint in this matter to add new Defendants
who were allegedly responsible for scheduling his medical appointments and remove Defendants
whom the Court previously dismissed. (Id. at 1.)
The 	new 	Defendants 	are: 	“Tammey 	Maenke, 	Centurion 	CONTRACTED 	Medical
Scheduler”; “Jill Cairns, Centurion CONTRACTED Medical Scheduler”; and “Bett Garnett,
Centurion CONTRACTED Medical Scheduler.” 	Plaintiff is suing them in their individual and
official capacities. (See ECF No. 135 at 1.) The Court construes the official capacity claims against
these new Defendants as claims against their employer, Centurion. 	(See id. at 4, alleging new
Defendants are Centurion employees); see also Headley v. Duty, No. 3:25-cv-503 (CEA), 2025 WL
2940815, at *3 (E.D. Tenn. Oct. 16, 2025) (“Suit against medical-provider employees in their
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official capacities is suit against the contract provider itself.”). Defendants have not objected to the
Motion (id. at 4), and they have not filed any response to it. The Court therefore deems the Motion
unopposed and grants it.
ORDER
Based on the foregoing, and on all the files, records, and proceedings herein, IT IS
HEREBY ORDERED THAT:
1. 	Plaintiff Marc Amouri Bakambia’s Motion to Amend Complaint (ECF No. 134) is
GRANTED.
2. 	The Court directs the Clerk of Court to mark Mr. Bakambia’s proposed Amended
Complaint (ECF No. 135) as his Amended Complaint.
3. 	Mr. Bakambia must submit a properly completed a Marshal Service Form (Form
USM-285) for each new Defendant and their employer, Centurion. 	The Court may
recommend dismissing Mr. Bakambia’s claims against the new Defendants and Centurion
without prejudice for failure to prosecute if Mr. Bakambia does not return the forms on or
before February 2, 2026. The Court directs the Clerk of Court to provide Mr. Bakambia
with the necessary forms.
4. 	After receiving the completed Marshal Service Forms, the Clerk of Court shall seek
waivers of service from the new Defendants, in their individual capacities, and Centurion as
required by Rule 4(d) of the Federal Rules of Civil Procedure.
5. 	If a defendant fails without good cause to sign and return a waiver within 30 days of
its mailing, the Court will require that defendant to pay the expenses incurred in effecting
service. Reimbursement of service costs is mandatory absent a showing of good cause and
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applies whenever a defendant does not sign and return a waiver. See Fed. R. Civ. P. 4(d)(2).
Dated: January 6, 2026 	s/ Dulce J. Foster
Dulce J. Foster
United States Magistrate Judge
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