Thurston v. Schwarzenegger et al

Filing 25

ORDER signed by Magistrate Judge Sandra M. Snyder on 4/6/2009 finding service of 20 First Amended Complaint appropriate and forwarding service documents to Plaintif to complete and return. (Filing deadline: 5/11/2009 to return Notice of Submission of Documents).(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 Plaintiff alleges a violation of his rights under the Eighth and Fourteenth Amendments. Because the E i g h th Amendment is applicable to the states through the Fourteenth Amendment, e.g., Kennedy v. Lousiana, 128 S . C t. 2641, 2649 (2008), Plaintiff's reference to the Fourteenth Amendment is treated as such, as there are no other l e g a l claims identified and no factual allegations supporting any claims other than an Eighth Amendment claim.

UNITED STATES DISTRICT COURT

ANDERSON THURSTON, Plaintiff, v. ARNOLD SCHWARZENEGGER, et al., Defendants. /

CASE NO. 1:08-cv-00342-AWI-SMS PC ORDER FINDING SERVICE OF AMENDED COMPLAINT APPROPRIATE, AND FORWARDING SERVICE DOCUMENTS TO PLAINTIFF FOR COMPLETION AND RETURN WITHIN THIRTY DAYS (Doc. 20)

Plaintiff Anderson Thurston 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 February 27, 2008. The Court has screened Plaintiff's amended complaint pursuant to 28 U.S.C. § 1915A, and finds that it states a cognizable Eighth Amendment claim against Defendants Tilton, Kernan, Yates, Igbinosa, Grannis, Cassesi, Ahlin, and Vilaysane.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: JAMES TILTON, FORMER CDCR SECRETARY SCOTT KERNAN, CDCR UNDERSECRETARY WARDEN JAMES YATES

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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 IT IS SO ORDERED. Dated: icido3 5. 4. 3. 2.

FELIX IGBINOSA, CHIEF MEDICAL OFFICER N. GRANNIS G. CASSESI ASSOCIATE WARDEN JOHN AHLIN DR. K. VILAYSANE The Clerk of the Court shall send Plaintiff eight (8) USM-285 forms, eight (8) summonses, a Notice of Submission of Documents form, an instruction sheet and a copy of the amended complaint filed June 19, 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 Nine (9) copies of the endorsed amended complaint filed June 19, 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.

April 6, 2009

/s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE

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