Garcia v. Masiel et al

Filing 11

ORDER Finding Service of 1 Complaint Appropriate, and Forwarding Service Documents to Plaintiff for Completion and Return Within Thirty Days, signed by Magistrate Judge Dennis L. Beck on 1/12/2009. Service Documents due by 2/18/2009. (Attachments: # 1 USM Prisoner Instructions and Summons, # 2 Complaint), and USM-285 Forms. (Jessen, A)

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In a Findings and Recommendations issued concurrently with this order, the Court recommended d i s m i s s a l of defendants Masiel, Davis, Akin, Hall, and Baiderama from this action for plaintiff's failure to state a c la im upon which relief may be granted.
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UNITED STATES DISTRICT COURT

ROBERT GARCIA, Plaintiff, v. L. SILVA, et al., Defendants. /

CASE NO. 1:07-cv-001750-AWI DLB PC ORDER FINDING SERVICE OF COMPLAINT APPROPRIATE, AND FORWARDING SERVICE DOCUMENTS TO PLAINTIFF FOR COMPLETION AND RETURN WITHIN THIRTY DAYS

Plaintiff Robert Garcia ("Plaintiff") is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on December 3, 2007. The Court has screened Plaintiff's amended complaint pursuant to 28 U.S.C. § 1915A and finds that service is appropriate.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 shall be initiated on the following defendants: F. OJEDA L. SILVA 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 complaint filed December 3, 2007.

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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 complaint filed December 3, 2007.

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.

5.

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

IT IS SO ORDERED. Dated: 3b142a

January 12, 2009

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE

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