Higgins v. Medina et al

Filing 24

ORDER DIRECTING PLAINTIFF TO SUBMIT SERVICE DOCUMENTS and USM-285 Forms signed by Magistrate Judge Gary S. Austin on 12/10/2009. Service is appropriate for J. Medina, G. Miranda, D. Williams, M. Lozano. Clerk to send plaintiff: 4 Summonses, 4 USM-285 Forms, and 1 copy of the Second Amended Complaint filed on March 16, 2009. Case Management Deadline: 1/13/2010. (Attachments: # 1 Second Amended Complaint, # 2 Summons and USM Prisoner Instructions). (Jessen, A)

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1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 Plaintiff Carl L. Higgins, a state prisoner proceeding pro se and in forma pauperis, filed this 16 civil rights action pursuant to 42 U.S.C. 1983 on June 28, 2007. The Court screened Plaintiff's 17 second amended complaint pursuant to 28 U.S.C. 1915A, and found that it states a claim against 18 Defendants Williams, Lozano, Medina, and Miranda for use of excessive force, in violation of the 19 20 Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 1964-65 (2007). Accordingly, it is 21 HEREBY ORDERED that: 22 1. 23 C/O D. WILLIAMS 24 25 26 27 28 On December 9, 2009, Plaintiff's excessive force claim against Defendant Gibbs, conspiracy claim, due p r o c e s s claim arising from the falsification of reports, and claims against Defendants Reynoso and Jose were d is m is s e d , with prejudice, for failure to state a claim; Plaintiff's claim against Defendants Zanchi, Chapman, and R h o d e s arising from his placement in BMU at CCI was dismissed without prejudice to being raised in a separate c iv il action; and Defendants Gibbs, Reynoso, Jose, Zanchi, Chapman, and Rhodes were dismissed from the action. (Doc. 23.) 1 UNITED STATES DISTRICT COURT CARL L. HIGGINS, Plaintiff, v. J. MEDINA, et al., Defendants. / CASE NO. 1:07-cv-00934-LJO-GSA PC ORDER AUTHORIZING SERVICE OF SECOND AMENDED COMPLAINT, AND FORWARDING SERVICE DOCUMENTS TO PLAINTIFF FOR COMPLETION AND RETURN WITHIN THIRTY DAYS (Doc. 16) Eighth Amendment.1 Fed. R. Civ. P. 8(a); Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949 (2009); Bell Service shall be initiated on the following defendants: 1 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 5. 4. 3. 2. C/O M. LOZANO C/O J. MEDINA C/O G. MIRANDA The Clerk of the Court shall send Plaintiff four (4) USM-285 forms, four (4) summonses, a Notice of Submission of Documents form, an instruction sheet and a copy of the second amended complaint filed March 16, 2009. 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 Five (5) copies of the endorsed second amended complaint filed March 16, 2009. Plaintiff need not attempt service on the 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 dismissal of this action. IT IS SO ORDERED. Dated: 6i0kij December 10, 2009 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 2

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