Finley v. Gonzalez et al

Filing 22

ORDER Finding Service of Complaint Appropriate, and Forwarding Service Documents to Plaintiff for Completion and Return within Thirty Days signed by Magistrate Judge Dennis L. Beck on 02/13/2009. Notice of Submission of Documents due by 3/23/2009. (Flores, E)

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
In a Findings and Recommendations issued concurrently with this order, the Court recommended d i s m i s s a l of Plaintiff's First and Fourteenth Amendment religion claims, his Religious Freedom Restoration Act c la im , retaliation claims, access to the courts claim, and supervisory liability claim against defendant Adams, for fa ilu r e to state a claim upon which relief may be granted. The Court recommended that defendants Adams, Gonzales I I I , Cano and Jones be dismissed based on Plaintiff's failure to state any claims against them.
1

UNITED STATES DISTRICT COURT

JOWELL FINLEY, Plaintiff, v. T. GONZALES, III, et al., Defendants. /

CASE NO. 1:08-cv-00075-LJO-DLB PC ORDER FINDING SERVICE OF COMPLAINT APPROPRIATE, AND FORWARDING SERVICE DOCUMENTS TO PLAINTIFF FOR COMPLETION AND RETURN WITHIN THIRTY DAYS (Doc. 1)

Plaintiff Jowell Finley ("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 January 15, 2008. The Court has screened Plaintiff's 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: A. D. OLIVE M. PINA 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

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.

copy of the complaint filed January 15, 2008. 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 January 15, 2008.

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.

IT IS SO ORDERED. Dated: 3b142a

February 13, 2009

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE

2