Player v. Adams et al

Filing 15

ORDER signed by Magistrate Judge Dennis L. Beck on 4/3/2009 finding service of 13 Second Amended Complaint appropriate. (Filing deadline set for 5/11/2009 to file Notice of Submission of Documents). Documents forwarded to Plaintiff. (Lundstrom, T)

1 2 3 4 5 6 7 8 9 10 11 12 LAVELL PLAYER, 13 14 v. Plaintiff, ORDER FINDING SERVICE OF SECOND AMENDED COMPLAINT APPROPRIATE AND FORWARDING DOCUMENTS TO PLAINTIFF Defendants. / 17 18 Lavell Player("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in (Doc. 13) CASE NO. 1:07-cv-01312-OWW-DLB PC

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA

15 B. JOHNSON, et al., 16

19 this civil rights action filed pursuant to 42 U.S.C. § 1983. Plaintiff filed his original complaint 20 on January 23, 2007, in the Northern District of California. (Doc. 1.) Plaintiff's case was 21 transferred to the Eastern District of California on September 12, 2007. (Id.) Plaintiff filed a 22 first amended complaint on January 7, 2008. (Doc. 11.) On November 6, 2008, the Court 23 ordered that Plaintiff either file a second amended complaint or notify the Court of willingness to 24 proceed only on claims found to be cognizable. (Doc. 12.) Plaintiff filed a second amended 25 complaint on December 9, 2008. (Doc. 13.) The Court screened Plaintiff's complaint pursuant to 26 28 U.S.C. § 1915A and finds that it states a cognizable claim for relief under section 1983 27 against defendants B. Johnson and Proulx for excessive force in violation of the Eighth 28 Amendment and against defendants Watson, Rangel, Oftedhal, Miller, Felder and Campbell for

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In a separate Findings and Recommendations issued concurrently with this Order, the Court recommended th a t defendants Kavanaugh and Fields be dismissed from this action for Plaintiff's failure to state a claim upon which r e l i e f may be granted. (Doc. 14.)
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Accordingly, IT IS HEREBY ORDERED that: 1. Service is appropriate for defendants B. JOHNSON PROULX WATSON RANGEL OFTEDHAL MILLER FELDER CAMPBELL 2. The Clerk of the Court shall send Plaintiff eight (8) USM-285 forms, eight (8) summons, a Notice of Submission of Documents form, an instruction sheet and a copy of the second amended complaint filed December 9, 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 Nine (9) copies of the endorsed second amended complaint filed December 9, 2008. 4. 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.

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The failure to comply with this Order will result in a Recommendation that this action be dismissed.

IT IS SO ORDERED. Dated:

April 3, 2009

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE

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