Sanders v. Matthew et al

Filing 26

ORDER Directing Plaintiff to File USM-285 Forms signed by Magistrate Judge Erica P. Grosjean on 01/24/2017. (Attachments: # 1 USM-285 Forms)(Flores, E)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

PHILLIP SANDERS,

12
13

Plaintiff,
v.

14
15
16
17

MATTHEW et al.,

Case No. 1:15-cv-00395-LJO-EPG
ORDER DIRECTING PLAINTIFF TO
FILE USM-285 FORMS
RESPONSE REQUIRED WITHIN THIRTY
(30) DAYS

Defendants.

On August 1, 2016, Plaintiff filed a Second Amended Complaint (“2AC”). (Doc. 23.) The

18
Court screened the 2AC pursuant to its authority in 28 U.S.C. § 1915(e)(2) on December 12, 2016
19
and filed Findings and Recommendations recommending that the 2AC proceed under 42 U.S.C. §
20

1983 only on Plaintiff’s unlawful arrest (claims 4-5) and excessive force claims (claims 2 and 6)

21
against defendants Matthew and Sturgeon. (ECF No. 24 at 9.) The Court recommended the
22
remaining causes of action and defendants be dismissed. (Id.)
23
On January 13, 2017, United States District Judge Lawrence J. O'Neill issued an Order
24

Adopting Findings and Recommendations Dismissing Plaintiff’s Complaint in Part, wherein the

25
findings and recommendations of the Court were adopted in full. (ECF No. 25.)
26
27
28
1

In light of Judge O’Neill’s order, the Court has determined that service of the FAC is now

1
2

proper. Because Plaintiff is proceeding in forma pauperis, service of the Complaint will be

3

effected by the United States Marshal Service. See Fed. R. Civ. P. 4(c)(3).

4

Accordingly:

5

1. The Court determines that service is appropriate for Defendants:

6

a. Mathew, Fresno Police Officer ID: P1585; and,

7

b. Sturgeon, Fresno Police Officer V3736.

8

2. The Clerk of the Court shall send Plaintiff two USM-285 forms, two summonses,

9

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

10

Second Amended Complaint filed on August 1, 2016;

11

3. Within thirty days after the date of this Order, Plaintiff must complete the

12

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

13

the Court with the following documents:

14

a. Completed summonses;

15

b. A copy of the instant Order;

16

c. One completed USM-285 form for each defendant listed above; and,

17

d. Three copies of the endorsed Second Amended Complaint filed on August

18

1, 2016.

19

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

20

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

21

United States Marshal Service to serve the above-named defendants pursuant to

22

Federal Rule of Civil Procedure 4 without payment of costs.

23

\\\

24

\\\

25

\\\

26

\\\

27

\\\

28

\\\
2

1
2

Failure to comply with this Order will result in a recommendation that this action be
dismissed.

3
4
5

IT IS SO ORDERED.
Dated:

January 24, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3