(PC) Dorrough v. Gonzalez et al

Filing 20

ORDER DIRECTING PLAINTIFF TO SUBMIT SERVICE DOCUMENTS and USM-285 Forms signed by Magistrate Judge Dennis L. Beck on 10/02/2009. Service is appropriate for F. Gonzalez, M. Carrasco, V. McLaughlin. Clerk to send plaintiff: 3 Summons, 3 USM-285 Forms, and 1 copy of the Second Amended Complaint filed on 04/22/2009. Case Management Deadline: 11/9/2009. (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 that P l a in tiff's due process and state law claims be dismissed for failure to state a claim.
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UNITED STATES DISTRICT COURT

MICHAEL REED DORROUGH, Plaintiff, v. F. GONZALEZ, et al., Defendants.

CASE NO. 1:08-cv-00634-AWI-DLB PC ORDER FINDING SERVICE OF SECOND AMENDED COMPLAINT APPROPRIATE, AND FORWARDING SERVICE DOCUMENTS TO PLAINTIFF FOR COMPLETION AND RETURN WITHIN THIRTY DAYS (Doc. 19)

Plaintiff Michael Reed Dorrough ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983 and California tort law. Plaintiff filed this action on May 7, 2008. The Court screened Plaintiff's second amended complaint pursuant to 28 U.S.C. § 1915A, and found that it states cognizable claims against Defendants F. Gonzalez, M. Carrasco and V. McLaughlin for retaliation, in violation of the First Amendment.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: F. GONZALEZ M. CARRASCO

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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.

V. MCLAUGHLIN The Clerk of the Court shall send Plaintiff three (3) USM-285 forms, three (3) summonses, a Notice of Submission of Documents form, an instruction sheet and a copy of the second amended complaint filed April 22, 2009. 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 Four (4) copies of the endorsed complaint filed April 22, 2009.

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

October 2, 2009

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE

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