Rowe v. Castro et al

Filing 14

ORDER Finding Service of 10 Amended Complaint Appropiate, and Forwarding Service Documents to Plaintiff for Completion and Return within Thirty Days signed by Magistrate Judge Gary S. Austin on 2/18/2009. ( Service Documents due by 3/24/2009) (Attachments: # 1 Amended Complaint, # 2 Service Documents)(Figueroa, O)

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
On February 17, 2009, Plaintiff's First Amendment claim arising from the reading of his legal mail, due p r o c e s s claim arising from the deprivation of his property, and claim against Defendants Maldonado, Salinas, and G r a n n is based on their responses to his administrative grievances were dismissed for failure to state a claim under s e c tio n 1983; and Defendants Rodriguez, Maldonado, Salinas, and Grannis are dismissed from this action based on P l a in tiff's failure to state any claims upon which relief may be granted against them under section 1983.
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UNITED STATES DISTRICT COURT

DANIEL ROWE, Plaintiff, v. M. CASTRO, et al., Defendants. /

CASE NO. 1:07-cv-01150-OWW-GSA PC ORDER FINDING SERVICE OF AMENDED COMPLAINT APPROPRIATE, AND FORWARDING SERVICE DOCUMENTS TO PLAINTIFF FOR COMPLETION AND RETURN WITHIN THIRTY DAYS (Doc. 10)

Plaintiff Daniel Rowe ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on August 8, 2007. The Court screened Plaintiff's amended complaint pursuant to 28 U.S.C. § 1915A, and found that it states a claim against Defendants Castro and Frescura for retaliation in violation of the First Amendment.1 Fed. R. Civ. P. 8(a); Erickson v. Pardus, 551 U.S. 89, 127 S.Ct. 2197, 2200 (2007); Alvarez v. Hill, 518 F.3d 1152, 1157-58 (9th Cir. 2008). Accordingly, it is HEREBY ORDERED that: 1. Service shall be initiated on the following defendants: C/O M. CASTRO C/O K. FRESCURA

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2.

The Clerk of the Court shall send Plaintiff two (2) USM-285 forms, two (2) summonses, a Notice of Submission of Documents form, an instruction sheet and a copy of the amended complaint filed May 22, 2008.

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. Completed summons; One completed USM-285 form for each defendant listed above; and Three (3) copies of the endorsed amended complaint filed May 22, 2008.

4.

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.

5.

The failure to comply with this order will result in a recommendation that this action be dismissed.

IT IS SO ORDERED. Dated: 6i0kij

February 18, 2009

/s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE

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