Wilkerson v. Woodford

Filing 18

ORDER signed by Magistrate Judge Dale A. Drozd on 4/6/09 ORDERING that Service of the amended complaint is appropriate for the following defendants: Baker, McCulley, and Runnels. The Clerk shall send Plaintiff three USM-285 forms, one summons, an instruction sheet, and a copy of the amended complaint filed 12/04/06. Within thirty days from the date of this order, Plaintiff shall complete the attached Notice of Submission of Documents.(Mena-Sanchez, L)

1 2 3 4 5 6 7 8 9 10 11 Plaintiff, 12 vs. 13 JEANNE WOODFORD, et al., 14 Defendants. 15 16 17 18 19 20 21 22 23 24 25 26 / Plaintiff is a state prisoner proceeding pro se and in forma pauperis. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff's amended complaint. The court finds that plaintiff's amended complaint appears to state cognizable claims for relief pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 1915A(b) against defendants Baker, McCulley, and Runnels. If the allegations of the amended complaint are proven, plaintiff has a reasonable opportunity to prevail on the merits of this action. The court also finds that plaintiff's amended complaint fails to state cognizable claims for relief against defendant Wagner. Plaintiff's allegations against this defendant merely involve actions allegedly taken by the defendant in connection with plaintiff's administrative grievances and the appeals process. It is well established, however, that "inmates lack a separate 1 ORDER No. CIV S-05-2482 LKK DAD P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA J.R. WILKERSON AKA ADONAI M. EL-SHADDAI,

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constitutional entitlement to a specific prison grievance procedure." Ramirez v. Galaza, 334 F.3d 850, 860 (9th Cir. 2003) (citing Mann v. Adams, 855 F.2d 639, 640 (9th Cir. 1988)). Accordingly, the court will not order service of plaintiff's amended complaint on defendant Wagner. Accordingly, IT IS HEREBY ORDERED that: 1. Service of the amended complaint is appropriate for the following defendants: Baker, McCulley, and Runnels. 2. The Clerk of the Court shall send plaintiff three USM-285 forms, one summons, an instruction sheet, and a copy of the amended complaint filed December 4, 2006. 3. Within thirty days from the date of this order, plaintiff shall complete the attached Notice of Submission of Documents and submit all of the following documents to the court at the same time: a. The completed, signed Notice of Submission of Documents; b. One completed summons; c. One completed USM-285 form for each defendant listed in number 1 above; and d. Four copies of the amended complaint filed December 4, 2006. 4. Plaintiff shall not attempt to effect service of the amended complaint on defendants or request a waiver of service of summons from any defendant. Upon receipt of the above-described documents, the court will direct the United States Marshal to serve the abovenamed defendants pursuant to Federal Rule of Civil Procedure 4 without payment of costs. DATED: April 6, 2009.

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1 2 3 4 5 6 7 8 9 10 11 12 13 JEANNE WOODFORD, et al., 14 Defendants. 15 16 17 18 19 20 21 22 23 24 Plaintiff 25 26 DATED: order filed / Plaintiff hereby submits the following documents in compliance with the court's : one completed summons form; three completed USM-285 forms; and four true and exact copies of the amended complaint filed December 4, 2006. . OF DOCUMENTS NOTICE OF SUBMISSION IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA J.R. WILKERSON AKA ADONAI M. EL-SHADDAI, Plaintiff, vs.

No. CIV S-05-2482 LKK DAD P