Campbell v. Beard et al

Filing 17

ORDER AMENDING ORDER FINDING SERVICE OF AMENDED COMPLAINT APPROPRIATE AND FORWARDING PLAINTIFF NECESSARY SERVICE OF PROCESS FORMS FOR COMPLETION AND RETURN TO THE COURT re 15 , 16 signed by Magistrate Judge Stanley A. Boone on 11/12/2014. (Case Management Deadline: 12/15/2014). (Attachments: # 1 USM Instructions)(Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ANTHONY TYRONE CAMPBELL, SR.

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Plaintiff,

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v.
JEFFREY BEARD, et al.,

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Defendants.

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Case No.:1:14-cv-00801-LJO-SAB (PC)
ORDER AMENDING ORDER FINDING SERVICE
OF AMENDED COMPLAINT APPROPRIATE
AND FORWARDING PLAINTIFF NECESSARY
SERVICE OF PROCESS FORMS FOR
COMPLETION AND RETURN TO THE COURT
[ECF Nos. 15, 16]

Plaintiff Anthony Tyrone Campbell Sr. is appearing pro se and in forma pauperis in this civil

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rights action pursuant to 42 U.S.C. § 1983.
On October 31, 2014, the Court found that service of the first amended complaint appropriate

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as to Defendants J. Mendez, D. Aguinaga, T. Ramos, and D. Cardenas, based on Plaintiff’s claim of

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excessive force.

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On November 5, 2014, Plaintiff filed a notice indicating that Defendant M. Barajas was

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inadvertently left out of the Court’s screening order, despite the fact that he stated a cognizable failure

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to protect claim against this defendant. The Court has reviewed the operative complaint and prior

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service order, and finds that Plaintiff is correct. The Court will amend the October 31, 2014, order to

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reflect that Plaintiff states a cognizable claim against Defendant M. Barajas for excessive force, and

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the Court will send Plaintiff the necessary service of process forms for completion and return to the

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Court.
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Based on the foregoing, IT IS HEREBY ORDERED that:

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The Court’s October 31, 2014, order is AMENDED to reflect that Plaintiff states a

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cognizable excessive force claim against Defendant M. Barajas as well as Defendants J.

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Mendez, D. Aguinaga, T. Ramos, and D. Cardenas;
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The Clerk of Court is directed to send Plaintiff one (1) USM-285 form and (1)
Summons for completion and return to the Court; and

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3.

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Within thirty days from the date of this order, Plaintiff shall complete and return the
USM-285 form and summons as to Defendant M. Barajas.

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IT IS SO ORDERED.

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Dated:

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November 12, 2014
UNITED STATES MAGISTRATE JUDGE

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