(PC) Wilson v. Tuolumne County, et al.
Filing
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ORDER Finding Service of 27 First Amended Complaint Appropriate and Forwarding Service Documents to Plaintiff for Completion and Return Within Thirty Days, signed by Magistrate Judge Barbara A. McAuliffe on 9/7/2021. (Attachments: # 1 USM Instructions) (Rivera, O)
Case 1:19-cv-01132-NONE-BAM Document 36 Filed 09/07/21 Page 1 of 3
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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CHRISTOPHER JOHN WILSON,
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Plaintiff,
v.
TUOLUMNE COUNTY, et al.,
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Case No. 1:19-cv-01132-NONE-BAM
ORDER FINDING SERVICE OF FIRST
AMENDED COMPLAINT APPROPRIATE
AND FORWARDING SERVICE
DOCUMENTS TO PLAINTIFF FOR
COMPLETION AND RETURN WITHIN
THIRTY DAYS
Defendants.
(Docs. 27, 33, 35)
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THIRTY (30) DAY DEADLINE
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Plaintiff Christopher John Wilson is a state prisoner proceeding pro se and in forma
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pauperis in this civil rights action under 42 U.S.C. § 1983. Plaintiff initiated this action while a
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pretrial detainee.
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On March 23, 2021, the magistrate judge issued findings and recommendations
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recommending that (1) this action proceed on Plaintiff’s first amended complaint, filed on March
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8, 2021, against Sgt. Curtis Hankins, Sonora Police Department, and Officer Lance Durham,
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Sonora Police Department for excessive use of force in violation of the Fourth Amendment in
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connection with an alleged handcuffing incident on June 9, 2019; (2) Plaintiff’s requested
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remedies of injunctive relief and declaratory relief be dismissed; and (3) all other claims and
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defendants be dismissed from this action, without prejudice, due to Plaintiff’s failure to state
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Case 1:19-cv-01132-NONE-BAM Document 36 Filed 09/07/21 Page 2 of 3
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claims upon which relief may be granted. (Doc. 33.) The findings and recommendations were
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served on Plaintiff and contained notice that any objections were to be filed within fourteen (14)
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days of service. (Id.) No objections were filed.
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On September 3, 2021, the district judge issued an order adopting the findings and
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recommendations directing that this action proceed on Plaintiff’s first amended complaint, filed
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on March 8, 2021, against Sgt. Curtis Hankins, Sonora Police Department, and Officer Lance
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Durham, Sonora Police Department, for excessive use of force in violation of the Fourth
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Amendment in connection with the alleged handcuffing incident of June 9, 2019. The district
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judge dismissed all other claims and defendants, without prejudice, due to Plaintiff’s failure to
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state claims upon which relief may be granted. The district judge also dismissed Plaintiff’s
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requested remedies of injunctive and declaratory relief. The matter was referred back to the
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undersigned for further proceedings consistent with the district court’s order. (Doc. 35.)
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Pursuant to the district court’s order adopting the findings and recommendations, this
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action shall proceed on Plaintiff’s first amended complaint, filed on March 8, 2021, against Sgt.
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Curtis Hankins, Sonora Police Department, and Officer Lance Durham, Sonora Police
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Department, for excessive use of force in violation of the Fourth Amendment in connection with
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the alleged handcuffing incident of June 9, 2019.
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Accordingly, the Court HEREBY ORDERS that:
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1. Service shall be initiated on the following defendant:
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Sgt. Curtis Hankins, Sonora Police Department
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Officer Lance Durham, Sonora Police Department
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2. The Clerk of the Court shall send Plaintiff two (2) USM-285 form, two (2)
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summonses, a Notice of Submission of Documents form, an instruction sheet, and a
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copy of the first amended complaint filed on March 8, 2021, (Doc. 27);
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3. Within thirty (30) days from the date of service of this order, Plaintiff shall complete
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the attached Notice of Submission of Documents, and submit the completed Notice to
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the Court with the following documents:
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a. One (1) completed summons for each defendant listed above;
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Case 1:19-cv-01132-NONE-BAM Document 36 Filed 09/07/21 Page 3 of 3
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b. One (1) completed USM-285 form for each defendant listed above; and
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c. Three (3) copies of the endorsed first amended complaint filed on March 8,
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2021.
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4. Plaintiff need not attempt service on these defendants and need not request waiver of
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service. 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 under Federal Rule of
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Civil Procedure 4 without payment of costs; and
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5. The failure to comply with this order will result in dismissal of this action.
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IT IS SO ORDERED.
Dated:
/s/ Barbara
September 7, 2021
A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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