Vergara v. Datray et al

Filing 10

ORDER Finding Service of Amended Complaint Appropiate, and Forwarding Service Documents to Plaintiff for Completion and Return Within Thirty Days signed by Magistrate Judge Dennis L. Beck on 2/18/2009. ( Service Documents due by 3/23/2009.) (Attachments: # 1 Complaint, # 2 Service Documents)(Figueroa, O)

1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 LUIS GORDIANO VERGARA, 10 11 v. Plaintiff, CASE NO. 1:08-cv-00609-LJO-DLB PC ORDER FINDING SERVICE OF AMENDED COMPLAINT APPROPRIATE, AND FORWARDING SERVICE DOCUMENTS TO PLAINTIFF FOR COMPLETION AND RETURN WITHIN THIRTY DAYS / 14 15 Plaintiff Luis Gordiano Vergara ("Plaintiff") is a federal prisoner proceeding pro se and

UNITED STATES DISTRICT COURT

12 D. DATRAY, et al., 13 Defendants.

16 in forma pauperis in this civil rights action pursuant to Bivens v. Six Unknown Named Agents of 17 Federal Bureau of Narcotics, 403 U.S. 388 (1971), which provides a remedy for violation of civil 18 rights by federal actors. The Court screened Plaintiff's complaint pursuant to 28 U.S.C. § 19 1915A, and found that it states cognizable claims against Defendants D. Datray, Cobbs, Cole, 20 and Orosco for failure to protect in violation of the Eighth Amendment.1 Fed. R. Civ. P. 8(a); 21 Erickson v. Pardus, 127 S.Ct. 2197, 2200 (2007); Alvarez v. Hill, 518 F.3d 1152, 1157-58 (9th 22 Cir. 2008). Accordingly, it is HEREBY ORDERED that: 23 24 25 26 27 28
1 In a Findings and Recommendations issued concurrently with this Order, the Court recommended that d e fe n d a n ts Silva and Shank be dismissed from this action for Plaintiff's failure to state any claims upon which relief m a y be granted.

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Service is appropriate for the following defendants: LIEUTENANT D. DATRAY LIEUTENANT COBBS

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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. 2.

UNIT MANAGER OROSCO OFFICER COLE The Clerk of the Court shall send Plaintiff four (4) USM-285 forms, four (4) summonses, a Notice of Submission of Documents form, an instruction sheet and a copy of the complaint filed May 2, 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 Five (5) copies of the endorsed complaint filed May 2, 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 18, 2009

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE

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