Jackson v. Davis, et al.

Filing 23

ORDER ADOPTING 19 FINDINGS AND RECOMMENDATIONS IN FULL and ORDER DIRECTING PLAINTIFF TO SUBMIT SERVICE DOCUMENTS and USM-285 Forms Within Thirty (30) Days signed by District Judge Dale A. Drozd on 5/5/2017. Service is appropriate for P. Johnson. Clerk to send plaintiff: 1 Summons, 1 USM-285 Form, and 1 copy of the Complaint filed on 8/15/16. (Attachments: # 1 USM Instructions). (Jessen, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GEORGE JACKSON,

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Plaintiff,

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v.

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R. DAVIS, et al.,

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No. 1:16-cv-00148-DAD-MJS

ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DIRECTING
SERVICE
Defendants.

(Doc. No. 19)

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Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights

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action filed pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate

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Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On December 12, 2016, the assigned magistrate judge issued an order directing plaintiff to

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either file a third amended complaint or notify the court of his willingness to proceed only on the

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claims found to be cognizable in the court’s screen order. (Doc. No. 17.) Plaintiff indicated his

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willingness to proceed only on the claims found cognizable by the magistrate judge in the

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December 29, 2016 screening order. (Doc. No. 18.) On January 19, 2017, the assigned

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magistrate judge issued findings and recommendations recommending that service be initiated on

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defendant P. Johnson on the claim found by the court to be cognizable and that all other claims

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and defendants be dismissed from this action with prejudice. (Doc. No. 19.) Plaintiff filed no

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objections to those findings and recommendations and the time in which to do so has passed.
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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the undersigned has

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conducted a de novo review of this case. Having carefully reviewed the entire file, the

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undersigned concludes the findings and recommendations are supported by the record and by

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proper analysis.

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For the reasons set forth above:

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1. Plaintiff shall proceed on his Eighth Amendment claim against defendant Johnson;

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2. All other claims asserted in plaintiff’s second amended complaint and all other named

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defendants are dismissed;
3. Service shall be initiated on defendant P. Johnson;
4. The Clerk of the Court shall send plaintiff one (1) USM-285 forms, one (1) summons,

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

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amended complaint filed August 15, 2016;

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5. Within thirty (30) days from the date of this order, plaintiff shall complete and return to
the court the notice of submission of documents along with 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. Two (2) copies of the endorsed complaint filed August 15, 2016; and

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6. Upon receipt of the above-described documents, the court will direct the United States

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

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without payment of costs.

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IT IS SO ORDERED.

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Dated:

May 5, 2017
UNITED STATES DISTRICT JUDGE

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