Lim v. County of Tulare et al
Filing
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ORDER FINDING Service of Second Amended Complaint Appropriate and Forwarding Service Documents to Plaintiff for Completion and Return within Thirty Days signed by Magistrate Judge Sheila K. Oberto on 1/5/2021. (Attachments: # 1 USM Instructions)(Sant Agata, S)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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CHONG SOOK LIM,
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Case No. 1:20-cv-01049-NONE-SKO
Plaintiff,
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v.
JENNIFER MENNE and MELANIE
HUERTA,
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Defendants.
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ORDER FINDING SERVICE OF SECOND
AMENDED COMPLAINT
APPROPRIATE AND FORWARDING
SERVICE DOCUMENTS TO PLAINTIFF
FOR COMPLETION AND RETURN
/ WITHIN THIRTY DAYS
(Doc. 9)
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THIRTY (30) DAY DEADLINE
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Plaintiff Chong Sook Lim is proceeding pro se and in forma pauperis in this civil rights
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18 action brought pursuant to 42 U.S.C. § 1983 (“Section 1983”). The Court has screened Plaintiff's
19 Second Amended Complaint pursuant to 28 U.S.C. § 1915 and finds that it states a cognizable
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20 Section 1983 familial association claim against Defendants Jennifer Menne and Melanie Huerta.
21 Fed. R. Civ. P. 8(a); Hardwick v. Cty. of Orange, 844 F.3d 1112, 1116 (9th Cir. 2017); Thornton
22 v. Cty. of Los Angeles, No. CV 16-08482 TJH (AGRx), 2017 WL 11504794, at *2 (C.D. Cal. June
23 27, 2017); Lahey v. Contra Costa Cty. Dep’t of Children & Family Servs., No. C01-1075 MJJ,
24 2004 WL 2055716, at *9 (N.D. Cal. Sept. 2, 2004).
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(See Docs. 8 & 9.)
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Accordingly, it is HEREBY ORDERED that:
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Service is appropriate on the following defendants:
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Jennifer Menne
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Melanie Huerta
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The Clerk of the Court shall send Plaintiff two (2) USM-285 forms, two (2) summonses, a
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Notice of Submission of Documents form, an instruction sheet, and a copy of the Second
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Amended Complaint, filed October 19, 2020 (Doc. 7).
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Within thirty (30) days from the date of this order, Plaintiff shall complete the attached
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Notice of Submission of Documents and submit it to the Court with the following
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documents:
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a.
A completed summons for each defendant listed above;
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b.
A completed USM-285 form for each defendant listed above; and
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c.
Three (3) copies of the endorsed Second Amended Complaint, filed October 19,
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2020 (Doc. 7).
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Plaintiff need not attempt service on the defendants and need not request waiver of service.
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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
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4 without payment of costs.
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The failure to comply with this order will result in a recommendation that this action
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be dismissed.
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IT IS SO ORDERED.
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January 5, 2021
/s/
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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