Ethridge v. Childs et al

Filing 19

ORDER ADOPTING 18 Findings and Recommendations (1) Finding Cognizable Claim; (2) Finding Service of Second Amended Complaint Appropriate, and (3) Forwarding Service Documents to Plaintiff for Completion and Return Within Thirty Days, signed by Dist rict Judge Lawrence J. O'Neill on 7/3/2013. Service is appropriate for S. Childs, Hernandez. Clerk to send plaintiff: 2 Summons, 2 USM-285 Forms, and 1 copy of the 17 Second Amended Complaint filed on 5/2/2013. (Case Management Deadline: 8/8/2013). (Attachments: # 1 USM Instructions and Summons)(Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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CARL ETHRIDGE,

CASE No. 1:10-cv-01962-LJO-MJS (PC)

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Plaintiff,

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS (1) FINDING
COGNIZABLE CLAIM; (2) FINDING
SERVICE OF SECOND AMENDED
COMPLAINT APPROPRIATE, AND (3)
FORWARDING SERVICE DOCUMENTS
TO PLAINTIFF FOR COMPLETION AND
RETURN WITHIN THIRTY DAYS

Defendants.

(ECF. No. 18)

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v.

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S. CHILDS, et al.,
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/

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Plaintiff Carl Ethridge is a state prisoner proceeding pro se and in forma pauperis

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in this civil rights action filed October 20, 2010 pursuant to 42 U.S.C. § 1983. (ECF No.

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1.) The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C.

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§ 636(b)(1)(B) and Local Rule 302 of the United States District Court for the Eastern

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District of California.

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On June 3, 2013, the Magistrate Judge issued findings and recommendations

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that Plaintiff should proceed on the Second Amended Complaint Eighth Amendment

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conditions of confinement claim seeking damages against Defendants Hernandez and

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Childs; all other claims and Defendant CDCR Secretary should be dismissed with

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prejudice; and service should be initiated on Defendants Hernandez and Childs. (ECF
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No. 18.) The fourteen day deadline to file objection to the findings and

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recommendations was June 21, 2013, and Plaintiff did not object or otherwise respond

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to the findings and recommendations.

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Pursuant to 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de novo review

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of this case. Having carefully reviewed the entire file, the Court finds the findings and

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recommendations to be supported by the record and by proper analysis.

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Accordingly, it is HEREBY ORDERED that:

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2013 (ECF No. 18) in full;

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The Court adopts the findings and recommendations filed on June 3,

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Plaintiff shall proceed on the Second Amended Complaint Eighth

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Amendment conditions of confinement claim seeking damages against

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Defendants Hernandez and Childs;

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3.

Defendant CDCR Secretary are dismissed with prejudice;

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All other claims asserted in the Second Amended Complaint and

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Service shall be initiated on the following Defendants:

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A. HERNANDEZ, Associate Warden, California Substance Abuse and

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Treatment Facility - Corcoran State Prison;

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S. CHILDS, Correctional Lieutenant, California Substance Abuse and

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Treatment Facility - Corcoran State Prison;

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5.

The Clerk of the Court is directed to send Plaintiff two (2) USM-285 forms,

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two (2) summons, a Notice of Submission of Documents form, an

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instruction sheet and a copy of the Second Amended Complaint filed May

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2, 2013;

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6.

Within thirty (30) days from service of this order Plaintiff shall complete

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and return to the Court the Notice of Submission of Documents along with

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the following documents:

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a.

Completed summons;

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b.

One completed USM-285 form for each Defendant listed above;
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and

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c.

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Three (3) copies of the endorsed Second Amended Complaint filed
May 2, 2013; and

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7.

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Upon receipt of the above-described documents, the Court shall direct the

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United States Marshal to serve the above-named Defendants pursuant to

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Federal Rule of Civil Procedure 4 without payment of costs.

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IT IS SO ORDERED.

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Dated:

July 3, 2013

/s/ Lawrence J. O'Neill
66h44d
UNITED STATES DISTRICT JUDGE

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