Davis v. Hedgpeth

Filing 30

ORDER finding Service of Amended Complaint Appropriate and Forwarding Service Documents to Plaintiff for Completion and return within Thirty Days re 22 Amended Complaint filed by Dorian Davis, ( Service Documents due by 2/27/2009.) signed by Magistrate Judge Sandra M. Snyder on 1/23/09. (Attachments: # 1 Amended Complaint)(service documents enclosed)(Gil-Garcia, A)

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1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 Plaintiff, 11 v. 12 A. HEDGPETH, 13 Defendant. 14 15 Plaintiff Dorian Davis ask Wali At-Taqi Davis ("Plaintiff") is a state prisoner proceeding pro 16 se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. 1983. Pursuant to the 17 Court's order filed January 22, 2009, this action for damages is proceeding on Plaintiff's amended 18 complaint against Defendant Hedgpeth for violation of the Eighth Amendment and Due Process 19 Clause of the Fourteenth Amendment. Plaintiff's claims arise out of the denial of outdoor exercise 20 and other institutional privileges due to regular prison lock-downs. 21 Accordingly, it is HEREBY ORDERED that: 22 1. 23 WARDEN ANTHONY HEDGPETH 24 2. 25 a Notice of Submission of Documents form, an instruction sheet and a copy of the 26 amended complaint filed May 8, 2008. 27 /// 28 1 The Clerk of the Court shall send Plaintiff one (1) USM-285 form, one (1) summons, Service is appropriate for: 28 U.S.C. 1915A. / (Doc. 22) DORIAN DAVIS aka WALI AT-TAQI DAVIS, CASE NO. 1:07-cv-00696-OWW-SMS PC ORDER FINDING SERVICE OF AMENDED COMPLAINT APPROPRIATE AND FORWARDING SERVICE DOCUMENTS TO PLAINTIFF FOR COMPLETION AND RETURN WITHIN THIRTY DAYS UNITED STATES DISTRICT COURT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. 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. One completed summons; One completed USM-285 form; and Two (2) copies of the endorsed amended complaint filed May 8, 2008. 4. Plaintiff need not attempt service on Defendant and need not request waiver of service. Upon receipt of the above-described documents, the Court will direct the United States Marshal to serve Defendant pursuant to Federal Rule of Civil Procedure 4 without payment of costs. 5. The failure to comply with this order will result in a recommendation that this action be dismissed. IT IS SO ORDERED. Dated: icido3 January 23, 2009 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE 2

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