Huskey v. Lopez, et al.

Filing 10

ORDER FINDING SERVICE OF COMPLAINT APPROPRIATE AND FORWARDING SERVICE DOCUMENTS TO PLAINTIFF FOR COMPLETION AND RETURN re 1 signed by Magistrate Judge Jennifer L. Thurston on 7/2/2015. (Case Management Deadline: 8/5/2015). (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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Case No. 1:15-cv-00138-JLT (PC)
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KENNETH R. HUSKEY,

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Plaintiff,
v.

ORDER FINDING SERVICE OF COMPLAINT
APPROPRIATE AND FORWARDING
SERVICE DOCUMENTS TO PLAINTIFF FOR
COMPLETION AND RETUN WITHIN
THIRTY DAYS

LOPEZ, et al.,
(Doc. 1)

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Defendants.
30-DAY DEADLINE

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Plaintiff, Kenneth R. Huskey, is a civil detainee proceeding pro se and in forma pauperis

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in this civil rights action pursuant to 42 U.S.C. ' 1983. Plaintiff filed this action on February 2,

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2015. (Doc. 1.) The Court screened the Complaint pursuant to 28 U.S.C. ' 1915A and found that

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it states a cognizable claim for relief under section 1983 (1) against Defendant Lopez for pushing

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Plaintiff down a flight of stairs in violation of the Fourteenth and Eighth Amendments; and (2) against

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Defendants King, Walters, and Carter for having knowledge of Defendant Lopez's use of excessive

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force against aging CSH residents and failing to discipline/reprimand him so as to correct his behavior

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in deliberate indifference to Plaintiff's safety in violation of the Eighth Amendment upon which

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Plaintiff agrees to proceed. Fed. R. Civ. P. 8(a); Swierkiewicz v. Sorema N. A., 534 U.S. 506,

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512-15 (2002); Austin v. Terhune, 367 F.3d 1167, 1171 (9th Cir. 2004); Jackson v. Carey, 353

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F.3d 750, 754 (9th Cir. 2003); Galbraith v. County of Santa Clara, 307 F.3d 1119, 1125-26 (9th

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Cir. 2002).

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Accordingly, it is HEREBY ORDERED that:

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1.

Service is appropriate for the following Defendants:

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JOSE ISAI LOPEZ, PSYCHIATRIC TECHNICIAN

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AUDREY KING, EXECUTIVE DIRECTOR

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JAMES WALTERS

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JACK CARTER

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2.

The Clerk of the Court shall send Plaintiff four (4) USM-285 form, four (4)

summons, a Notice of Submission of Documents form, an instruction sheet and a copy of the
Complaint, filed on February 2, 2015 (Doc. 1).
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Within 30 days from the date of this order, Plaintiff shall complete the attached

Notice of Submission of Documents and submit it to the Court with the following documents:

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a.

Four completed summons;

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b.

Four completed USM-285 forms for the Defendants listed above; and

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c.

Five (5) copies of the endorsed Complaint, filed February 2, 2015 (Doc. 1).

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4.

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

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

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

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without payment of costs.

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5.

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

action be dismissed.

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IT IS SO ORDERED.
Dated:

July 2, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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