Gomez v. Pena

Filing 11

ORDER signed by Magistrate Judge Dennis L. Beck on 2/9/2009 finding service appropriate of 1 Complaint of Defendants Tyner and Daguman. ( Notice of Submission of Documents due by 3/16/2009.(Lundstrom, T)

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 d i s m i s s a l of Defendants Pena, C/O Doe (Pena's partner), Edmond, Smith, Harris, R. Vogel, CSP pharmacy, M e le n d e z ; Amaya, Poblete, Cabatu, Renteria, Zoher Mina, N. Grannis, and the Specialist at Bakersfield Pain Center fr o m this action.

UNITED STATES DISTRICT COURT

TRINIDAD GOMEZ, Plaintiff, v. PENA, et al., Defendants. /

CASE NO. 1:08-cv-00200-OWW DLB PC ORDER FINDING SERVICE OF COMPLAINT APPROPRIATE, AND FORWARDING SERVICE DOCUMENTS TO PLAINTIFF FOR COMPLETION AND RETURN WITHIN THIRTY DAYS (Doc. 1)

Plaintiff Trinidad Gomez ("Plaintiff") is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983 and California law. Plaintiff filed this action on February 8, 2008. The Court has screened Plaintiff's complaint pursuant to 28 U.S.C. § 1915A and finds that service is appropriate for defendants Tyner and Daguman.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: TYNER DAGUMAN 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

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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 February 8, 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 February 8, 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 9, 2009

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE

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