Roy Andres Montes v. Lockyer et al

Filing 59

ORDER Finding Service of Complaint Appropiate, and Forwarding Service Documents to Plaintiff for Completion and Return Within Thirty Days signed by Magistrate Judge William M. Wunderlich on 2/11/2009. (Service Documents due 3/16/2009.) (Attachments: # 1 Amended Complaint, # 2 Service Documents) (Figueroa, O)

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 Plaintiff, 11 v. 12 WILLIAM MCGUINNESS, M.D., et al., 13 Defendants. 14 15 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights action 17 pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on November 16, 2006. The Court screened 18 Plaintiff's complaint pursuant to 28 U.S.C. § 1915A, and found that it states cognizable claims 19 against Defendants Adams, Davis and Miranda for retaliation in violation of the First Amendment, 20 Defendants Medina, Hense and Ostein for deliberate indifference to Plaintiff's safety in violation of 21 the Eighth Amendment and Defendants Allison, Alvarez, Alcantar, Garcia, Johnson, Martinez and 22 23 v. Pardus, 127 S.Ct. 2197, 2200 (2007); Alvarez v. Hill, 518 F.3d 1152, 1157-58 (9th Cir. 2008). 24 Accordingly, it is HEREBY ORDERED that: 25 1. 26 27 28
In a Findings and Recommendations issued concurrently with this Order, the Court recommended that P l a in tiff's claims against the California Department of Corrections and Rehabilitation be dismissed.
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UNITED STATES DISTRICT COURT

RAYMOND MONTEZELLO,aka ROY ANDRES MONTES,

CASE NO. 1:06-cv-01651-OWW-WMW PC ORDER FINDING SERVICE OF COMPLAINT A P P R O P R I A T E , AND FORWARDING SERVICE DOCUMENTS TO PLAINTIFF FOR C OM P LETION AND RETURN WITHIN THIRTY DAYS (Doc. 1) /

Emerson for excessive force in violation of the Eighth Amendment.1 Fed. R. Civ. P. 8(a); Erickson

Service is appropriate for the following defendants:

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ADAMS DAVIS MIRANDA MEDINA HENSE OSTEIN ALLISON ALVAREZ ALCANTAR GARCIA JOHNSON MARTINEZ EMERSON The Clerk of the Court shall send Plaintiff thirteen USM-285 forms, thirteen summonses, a Notice of Submission of Documents form, an instruction sheet and a copy of the amended complaint filed February 1, 2008. Within thirty (30) days from the date of this order, Plaintiff shall complete the attached Notice of Submission of Documents and submit the completed Notice to the Court with the following documents: a. b. c. Completed summons; One completed USM-285 form for each defendant listed above; and Fourteen copies of the endorsed amended complaint filed February 1, 2008.

Plaintiff need not attempt service on Defendants and need not request waiver of service. Upon receipt of the above-described documents, the Court will direct the United States Marshal to serve the above-named defendants pursuant to Federal Rule of Civil Procedure 4 without payment of costs. The failure to comply with this order will result in a recommendation that this action be dismissed. 2

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IT IS SO ORDERED. Dated: February 11, 2009 mmkd34 /s/ William M. Wunderlich UNITED STATES MAGISTRATE JUDGE

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