Carter v. Dawson et al

Filing 9

ORDER finding Service of Complaint Appropriate, and Forwarding Service Documents to Plaintiff for Completion and Return within Thirty Days, ( Service Documents due: 5/6/2009.) signed by Magistrate Judge William M. Wunderlich on 4/3/09. (Attachments: # 1 USM instructions and Summons)(USM forms and Complaint) (Gil-Garcia, A)

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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 1 In a Findings and Recommendations issued concurrently with this Order, the Court recommended that P l a in tiff's claims against appeal reviewers, and claims against Defendants W e in s te in , Karr, Ndoa and Bear be d is m is s e d . UNITED STATES DISTRICT COURT LON CARTER, Plaintiff, v. NICK DAWSON, et al., Defendants. CASE NO. 1:07-cv-01325-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 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 September 11, 2007. The Court screened Plaintiff's complaint pursuant to 28 U.S.C. 1915A, and found that it states cognizable claims against Defendants Dawson and Mendoza- Powers for policies creating unconstitutional conditions of confinement in violation of the Eighth Amendment.1 Fed. R. Civ. P. 8(a); Erickson v. Pardus, 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 is appropriate for the following defendants: NICK DAWSON KATHY MENDOZA-POWERS 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 2 IT IS SO ORDERED. Dated: April 3, 2009 mmkd34 /s/ William M. Wunderlich UNITED STATES MAGISTRATE JUDGE 5. 4. 3. 2. The Clerk of the Court shall send Plaintiff two USM-285 forms, two summons, a Notice of Submission of Documents form, an instruction sheet and a copy of the complaint filed September 11, 2007. 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 copies of the endorsed complaint filed September 11, 2007. 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.

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