Ricks v. Kings View Mental Health Services, et al.

Filing 6

ORDER FINDING SERVICE OF COMPLAINT APPROPRIATE AND FORWARDING SERVICE DOCUMENTS TO PLAINTIFF FOR COMPLETITION AND RETURN re 1 Complaint signed by Magistrate Judge Sandra M. Snyder on 2/25/2015. (Case Management Deadline: 3/31/2015). (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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MELVIN RICKS,

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CASE NO. 1:14-CV-1762 AWI-SMS
Plaintiff,

v.
KINGS VIEW MENTAL HEALTH
SERVICES D/B/A BLUE SKY WELLNESS
CENTER; SUSAN GOLDEN; JEFF
GORSKI,

ORDER FINDING SERVICE OF
COMPLAINT APPROPRIATE AND
FORWARDING SERVICE DOCUMENTS
TO PLAINTIFF FOR COMPLETITION
AND RETURN WITHIN THIRTY DAYS
(Doc. 5)

Defendants.

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Plaintiff Melvin Ricks proceeds pro se and in forma pauperis in this action against

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defendant Kings View Mental Health Services d/b/a Blue Sky Wellness Center (“Defendant”) for

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employment discrimination.

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Plaintiff filed the complaint on November 10, 2014. After screening the complaint in

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compliance with 28 U.S.C. § 1915(e)(2), the Magistrate Judge found that Plaintiff’s stated a claim

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for employment discrimination against Defendant in violation of Title VII of the Civil Rights Act

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of 1964 (42 U.S.C. § 2000e-2) and Section 1981 of the Civil Rights Act of 1866 (42 U.S.C. §

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1981) but did not state a cause of action for employment discrimination under the Americans with

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Disabilities Act of 1990 (42 U.S.C. §§ 12111 et seq) against Defendant, nor for intentional

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infliction of emotional distress against individual defendants Susan Golden and Jeff Gorski. The

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Court issued an order requiring Plaintiff to either file an amended complaint or to notify the court

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of his willingness to proceed only on the claims found to be cognizable. On February 15, 2015,

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Plaintiff filed a notice of willingness to proceed only on the claims found to be cognizable.

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Accordingly, it is hereby ORDERED that:
1. Service is appropriate for Defendant Kings View Mental Health Services d/b/a Blue Sky
Wellness Center.
2. The Clerk of Court shall send Plaintiff a USM-285 form, a summons, a Notice of
Submission of Documents form, an instruction sheet, and a copy of Plaintiff’s complaint.
3. Within thirty (30) days from the date of this order, Plaintiff shall complete the attached

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Notice of Submission of Documents and submit the completed Notice to the Court along

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with the following documents:

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a. A completed summons for Defendant;

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b. A completed USM-285 for Defendant; and

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c. A copy of the endorsed complaint.

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4. Plaintiff should not attempt service on any Defendant nor request waiver of service from

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any Defendant. Upon receipt of the above-described documents, the Court will direct the

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United States Marshal to serve the four listed Defendants pursuant to F.R.Civ.P. 4 without

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prepayment of costs.

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5. Failure to comply with this order will result in a recommendation that the action be
dismissed.

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IT IS SO ORDERED.
Dated:

February 25, 2015

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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