Cockrell v. Sullivan et al

Filing 12

Vacated Pursuant to Order 13 ORDER Finding 1 Complaint States a Colorable Claim and Directing Plaintiff to Complete USM 285 Forms, signed by Magistrate Judge William M. Wunderlich on 2/3/2009. Service Documents due by 3/9/2009. (Sondheim, M)

1 2 3 4 5 6 7 8 9 10 11 12 W. J. SULLIVAN, et al., 13 Defendants. 14 15 16 Plaintiff George T. Taitano ("plaintiff") is a state prisoner proceeding pro se and in forma 17 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on 18 August 11, 2003. The court has screened plaintiff's complaint pursuant to 28 U.S.C. § 1915A 19 and finds that it appears to state cognizable claims for relief under 42 U.S.C. § 1983 against 20 defendants Avalos for retaliation in violation of the First Amendment Lewis, Austin, and Biggs 21 for failing to protect him, in violation of the Eighth Amendment. Accordingly, it is HEREBY 22 ORDERED that: 23 1. 24 CORRECTIONAL COUNSELOR AVALOS 25 2. 26 1 The Clerk of the Court shall send to plaintiff one USM-285 form, one summons, Service is appropriate for the following defendants: vs. FRANK COCKRELL, Plaintiff, 1:08 CV 0259 AWI WMW PC ORDER FINDING COMPLAINT STATES A COLORABLE CLAIM AND DIRECTING PLAINTIFF TO COMPLETE USM 285 FORMS IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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a Notice of Submission of Documents form, an instruction sheet and a copy of the complaint filed February 21, 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 Two copies of the endorsed complaint filed February 21, 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: February 3, 2009 mmkd34 /s/ William M. Wunderlich UNITED STATES MAGISTRATE JUDGE

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