Green v. Sherman, et al.

Filing 20

ORDER ADOPTING 17 FINDINGS AND RECOMMENDATIONS IN FULL and ORDER DIRECTING PLAINTIFF TO SUBMIT SERVICE DOCUMENTS and USM-285 Forms Within Thirty (30) Days signed by Chief Judge Lawrence J. O'Neill on 1/19/2017. Service is appropriate for Ms. Franklin, Ramos. Clerk to send plaintiff: 2 Summonses, 2 USM-285 Forms, and 1 copy of the Complaint filed on 10/13/15. (Attachments: # 1 USM Instructions). (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CEDRIC EUGENE GREEN,

CASE NO. 1:15-cv-1548-LJO-MJS (PC)

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v.

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ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS

Plaintiff

(1) FOR SERVICE OF COGNIZABLE
CLAIMS AGAINST DEFENDANTS
FRANKLIN AND RAMOS; AND

FRANKLIN, et al.,

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Defendants.

(2) TO DISMISS ALL OTHER CLAIMS
AND DEFENDANTS WITH
PREJUDICE

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(ECF NO. 17)

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THIRTY-DAY DEADLINE

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil
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rights action filed pursuant to 42 U.S.C. § 1983. The matter was referred to a United
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States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On

December

27,

2016,

the

Magistrate

Judge

issued

findings

and

recommendations for service of cognizable claims and dismissal of all other claims and
Defendants with prejudice. (ECF No. 17) Plaintiff has not filed any objections.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 304,
the Court has conducted a de novo review of this case. Having carefully reviewed the
entire file, the Court finds the findings and recommendations to be supported by the
record and by proper analysis.
Accordingly, it is HEREBY ORDERED that:
1. The Court adopts the findings and recommendations filed on December 27,
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2016 (ECF No. 17) in full;

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2. Plaintiff shall proceed on his First Amendment claim against Defendants

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Franklin and Ramos;

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3. All other claims asserted in the complaint and all other named Defendants

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are dismissed with prejudice;

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4. Service shall be initiated on the following Defendants:

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FRANKLIN – Mailroom Employee,

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RAMOS – Appeals Coordinator;
5. The Clerk of the Court shall send Plaintiff two (2) USM-285 forms, two (2)

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summons, a Notice of Submission of Documents form, an instruction sheet

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and a copy of the complaint filed October 13, 2015;

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6. Within thirty (30) days from the date of this Order, Plaintiff shall complete

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and return to the Court the notice of submission of documents along with

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the following documents:

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a.

Completed summons,

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b.

One completed USM-285 form for each Defendant listed above,

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c.

Three (3) copies of the endorsed complaint filed October 13, 2015;

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

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United States Marshal to serve the above-named Defendants pursuant to

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Federal Rule of Civil Procedure 4 without payment of costs.

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IT IS SO ORDERED.
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Dated:

/s/ Lawrence J. O’Neill _____

January 19, 2017

UNITED STATES CHIEF DISTRICT JUDGE

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