Reno Rios v. Gipson et al

Filing 36

ORDER Clarifying May 9, 2018 Order, and Finding Service of Second Amended Complaint Appropriate for Certain Claims and Defendants; ORDER Directing the Clerk of the Court to Amend Service Documents signed by Magistrate Judge Barbara A. McAuliffe on 6/27/2018. (Jessen, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RENO FUENTES RIOS,

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Plaintiff,
v.

Case No. 1:14-cv-00520-BAM (PC)
ORDER CLARIFYING MAY 9, 2018 ORDER,
AND FINDING SERVICE OF SECOND
AMENDED COMPLAINT APPROPRIATE
FOR CERTAIN CLAIMS AND DEFENDANTS

CONNIE GIPSON, et al.,

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Defendants.

ORDER DIRECTING THE CLERK OF THE
COURT TO AMEND SERVICE DOCUMENTS

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Plaintiff Rene Fuentes Rios is a state prisoner proceeding pro se and in forma pauperis
pursuant to 42 U.S.C. § 1983.

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On May 4, 2018, the District Judge ruled that this action shall proceed on Plaintiff’s

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second amended complaint against Defendants Gipson, Mayo, Pina, Ortega, and Garcia for

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improper gang validation in violation of the Due Process Clause and retaliation in violation of the

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First Amendment, and against Defendants Johnson, Cuevas, and Hiracheta for retaliating against

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Plaintiff for participation in a hunger strike in violation of the First Amendment. (Doc. 29.) On

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May 9, 2018, the Court issued an order finding service of the second amended complaint

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appropriate for those claims and defendants. (Doc. 30.)

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On June 25, 2018, Plaintiff submitted the necessary documents for service of process.
(Doc. 35.)

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Upon review of the service documents, the Court noted a typographical error. The May 9,

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2018 order referred to Defendant “A.V. Johnson” as “J.V. Johnson.” Review of the docket shows

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that although Plaintiff listed Defendant Johnson as “J.V.” in the list of defendants of the second

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amended complaint, the caption and body of allegations of the second amended complaint, the

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exhibits, and other documents on the docket reflects the proper spelling as “A.V. Johnson.”

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Therefore, the Court issues this order clarifying the typographical error, and directing the Clerk of

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the Court to amend the service documents to reflect that clarification.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

Service shall be initiated against the following defendants:

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a. Connie Gipson, Warden of CSP-Corcoran, on May 17, 2012

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b. A. Mayo, Correctional Officer at CSP-Corcoran, on August 23, 2010

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c. S. Piña, Lieutenant Institutional Gang Investigator at CSP-Corcoran, on

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October 2, 2012

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d. J. Ortega, Correctional Officer at CSP-Corcoran, on October 2, 2012

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e. J. C. Garcia, Sergeant at CSP-Corcoran, on November 15, 2012

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f. A. V. Johnson, Lieutenant assigned to 4B4L at CSP-Corcoran, on July 10,

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2013

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g. M. Cuevas, Sergeant assigned to 4B4L at CSP-Corcoran, on July 10, 2013

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h. J. Hiracheta, Correctional Officer assigned to 4B4L at CSP-Corcoran, on

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July 10, 2013
2.

The Clerk of the Court is respectfully directed to amend the USM-285 form for

Defendant Johnson to correct the typographical errors noted above; and
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A separate order will issue directing the United States Marshal to serve the above-

named defendants pursuant to Federal Rule of Civil Procedure 4, without payment of costs.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

June 27, 2018

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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