Flemings v. Gray et al

Filing 12

ORDER Finding Service Of Complaint Appropriate And Forwarding Service Documents To Plaintiff For Completion And Return Within Thirty Days, signed by Magistrate Judge Dennis L. Beck on 8/3/2015. (Case Management Deadline: 9/8/2015) (Enclosed for Plaintiff: # 1 Complaint filed August 8, 2014, # 2 PC USM Instructions, 3 USM-285 Forms)(Fahrney, E)

1
2
3
4
5
6

UNITED STATES DISTRICT COURT

7

EASTERN DISTRICT OF CALIFORNIA

8
9

KEVIN T. FLEMINGS,
10
11
12
13
14
15

Plaintiff,
vs.
C. GRAY, et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)

1:14-cv-01248 LJO DLB PC
ORDER FINDING SERVICE OF
COMPLAINT APPROPRIATE AND
FORWARDING SERVICE DOCUMENTS
TO PLAINTIFF FOR COMPLETION AND
RETURN WITHIN THIRTY DAYS

Plaintiff Kevin T. Flemings (“Plaintiff”) is a state prisoner proceeding pro se and in

16
17
18
19

forma pauperis in this civil rights action. Plaintiff filed this action on August 8, 2014. On July
17, 2015, the Court screened the Complaint and determined that Plaintiff stated the following
cognizable claims: (1) violation of Plaintiff’s procedural due process rights by Defendants Gray,

20

Timmons, and White; and (2) violation of theEighth Amendment’s prohibition against cruel and

21

unusual punishment against Defendants Gray, Timmons, and White. The Court found that the

22

Complaint did not state any further claims against any other Defendants. Plaintiff was ordered to

23

either file a notice of willingness to proceed with the cognizable claims, or an amended

24

complaint. On July 27, 2015, Plaintiff notified the Court of his willingness to proceed only on

25

the cognizable claims stated above. Therefore, by separate order, the Court will recommend

26

dismissal of all other claims and Defendants.

27
28
1

1

Pursuant to 28 U.S.C. § 1915A, the Court finds that Plaintiff states the following claims:

2

(1) violation of Plaintiff’s procedural due process rights by Defendants Gray, Timmons, and

3

White; and (2) violation of the Eighth Amendment’s prohibition against cruel and unusual

4

punishment against Defendants Gray, Timmons, and White. Fed. R. Civ. P. 8(a); Ashcroft v.

5

Iqbal, 556 U.S. 662, 678 (2009); Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007).
6
7

The claim arises out of incidents which occurred in 2014.
Accordingly, it is HEREBY ORDERED that:

8

1.

9

Service shall be initiated on the following Defendants:
Correctional Officer C. Gray, Wasco State Prison

10

Correctional Sergeant Timmons, Wasco State Prison

11

Correctional Officer Darren White, Wasco State Prison

12

2.

13

The Clerk of the Court shall send Plaintiff three (3) USM-285 forms, three (3)

14

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

15

complaint filed on August 8, 2014.
3.

16

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

17

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

18

the following documents:

19

a.

One completed summons for each Defendant;

20

b.

One completed USM-285 form for each Defendant; and

21

c.

Four (4) copies of the endorsed complaint filed on August 8, 2014.

22

4.

Plaintiff need not attempt service on Defendant and need not request waiver of

23

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

24

Marshal to serve the above-named Defendant pursuant to Federal Rule of Civil Procedure 4

25
26
27

without payment of costs.
///
///

28
2

1
2

5.

The failure to comply with this order will result in a recommendation that this

action be dismissed.

3
4
5
6

IT IS SO ORDERED.
Dated:

/s/ Dennis

August 3, 2015

L. Beck

UNITED STATES MAGISTRATE JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3