Ransom v. Department of Corrections & Rehabilitations, et al.

Filing 67

ORDER (1) Adopting in Part Findings and Recommendation to Dismiss Defendants Greaves and Corea 52 ; (2) Dismissing Defendant Greaves without Prejudice; (3) Deeming Plaintiff's First Amended Complaint 20 Amended to Substitute S. Correa in Plac e of J. Corea; (4) Directing Clerk's Office to Amend Court Records to Reflect Substitution; and (5) Directing Clerk's Office to Send Plaintiff Service Documents for S. Correa, signed by District Judge Anthony W. Ishii on 6/12/15. Service is appropriate for S. Correa. 30-Day Deadline. C. Greaves terminated. (Attachments: # 1 USM Documents)(Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BRYAN E. RANSOM,

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Plaintiff,
v.
DEPARTMENT OF CORRECTIONS
AND REHABILITATION, et al.,
Defendants.

CASE NO. 1:11-cv-00068-AWI-MJS (PC)
ORDER:
(1) ADOPTING IN PART FINDINGS AND
RECOMMENDATION TO DISMISS
DEFENDANTS GREAVES AND COREA
(ECF No. 52);
(2) DISMISSING DEFENDANT GREAVES
WITHOUT PREJUDICE;
(3) DEEMING PLAINTIFF’S FIRST
AMENDED COMPLAINT (ECF No. 20)
AMENDED TO SUBSTITUTE S. CORREA
IN PLACE OF J. COREA;
(4) DIRECTING CLERK’S OFFICE TO
AMEND COURT RECORDS TO REFLECT
SUBSTITUTION; AND

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(5) DIRECTING CLERK’S OFFICE TO
SEND PLAINTIFF SERVICE
DOCUMENTS FOR S. CORREA

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THIRTY (30) DAY DEADLINE

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil
rights action brought pursuant to 42 U.S.C. § 1983. The matter was referred to a United
States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302 of the
United States District Court for the Eastern District of California.

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The action proceeds on Plaintiff’s Eighth Amendment medical indifference claim

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against Defendants Bondoc, Madina, Neubarth, Swingle, Dhah, Punt, Corea and

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Greaves. (ECF No. 26.) Defendants Bondoc, Madina, Neubarth, Swingle, and Dhah

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were served and have appeared in the action. (ECF Nos. 30, 31, 32, 36, 37, 50, 51, &

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55.) Default was entered against Defendant Punt. (ECF No. 54.) Service on Defendants

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Greaves and Corea was returned unexecuted. (ECF No. 34.)

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On April 27, 2015, the Magistrate Judge filed findings and a recommendation to

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dismiss Defendants Greaves and Corea for insufficient information to effect service of

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process. (ECF No. 52.) Plaintiff filed objections. (ECF No. 66.) Plaintiff concedes that

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Defendant Greaves should be dismissed. However, he states that he mistakenly named

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J. Corea, as opposed to S. Correa, as Defendant in this case, and asks that service be

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attempted on S. Correa.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has

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conducted a de novo review of this case. Having carefully reviewed the entire file, the

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Court finds the findings and recommendation to dismiss Defendant Greaves to be

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supported by the record and by proper analysis. However, in light of Plaintiff’s objections

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and his apparent error with regard to Defendant Corea’s true name, dismissal of

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Defendant Corea is no longer appropriate.

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Accordingly, it is HEREBY ORDERED that:
1. The Court adopts the findings and recommendation (ECF No. 52), filed
April 27, 2015, in part;

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2. Defendant Greaves is dismissed from this action without prejudice;

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3. Plaintiff’s first amended complaint is deemed amended to substitute S.

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Correa in place of J. Corea;
4. The Clerk’s Office is directed to amend Court records to reflect this
substitution;
5. Service shall be initiated on Defendant S. CORREA, Medical Doctor at
Corcoran State Prison;
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6. The Clerk shall send Plaintiff a USM-285 form, a summons, a Notice of

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Submission of documents form, an instruction sheet, and a copy of the first

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amended complaint, filed December 20, 2012;

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7. Within thirty (30) days from the date 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:

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a. Completed summons,

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b. One completed USM-285 form for Defendant S. Correa,

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c. Two (2) copies of the endorsed first amended complaint filed

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December 20, 2012, and

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

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United States Marshal to serve Defendant Correa pursuant to Federal Rule

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of Civil Procedure 4 without payment of costs.

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IT IS SO ORDERED.
Dated: June 12, 2015
SENIOR DISTRICT JUDGE

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