Tristan Allan v. Akanno

Filing 11

ORDER Finding Service Of Complaint Appropriate, And Forwarding Service Documents To Plaintiff For Completion And Return Within Thirty Days (ECF No. 1 ), signed by Magistrate Judge Barbara A. McAuliffe on 10/8/2013. (Filing Deadline: 11/13/2013.) (Attachments: # 1 Complaint filed July 9, 2012, # 2 USM Prisoner Instructions, #(3)USM-285 Form)(Fahrney, E)

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EASTERN DISTRICT OF CALIFORNIA

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TRISTAN D. ALLAN,

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Plaintiff,
v.
DR. AKANNO,

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Defendant.

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1:12-cv-01103-BAM (PC)
ORDER FINDING SERVICE OF
COMPLAINT APPROPRIATE, AND
FORWARDING SERVICE DOCUMENTS
TO PLAINTIFF FOR COMPLETION AND
RETURN WITHIN THIRTY DAYS
(ECF No. 1)

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Plaintiff Tristan D. Allan (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. The Court screened Plaintiff’s

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complaint, filed on July 9, 2012, pursuant to 28 U.S.C.§ 1915A, and found that it states an

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Eighth Amendment claim against Defendant Akanno for deliberate indifference to his medical

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needs. Fed. R. Civ. P. 8(a); Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S. Ct. 1937, 1949 (2009);

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Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007). Accordingly, it is HEREBY

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ORDERED that:

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1.

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DR. AKANNO

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2.

Service shall be initiated on the following defendants:

The Clerk of the Court shall send Plaintiff one (1) USM-285 forms, one (1)

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summons, a Notice of Submission of Documents form, an instruction sheet and a copy of the

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complaint filed July 9, 2012;

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3.

Within thirty (30) days from the date of this order, Plaintiff shall complete the

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attached Notice of Submission of Documents and submit the completed Notice to the Court with

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the following documents:

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a.

One completed summons for each defendant listed above;

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b.

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

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c.

Two (2) copies of the endorsed complaint filed July 9, 2012.

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4.

Plaintiff need not attempt service on the defendants and need not request waiver

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of service. Upon receipt of the above-described documents, the Court will direct the United

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States Marshal to serve the above-named defendant pursuant to Federal Rule of Civil Procedure

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5.

The failure to comply with this order will result in dismissal of this action.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

October 8, 2013

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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