Williams v. Walker et al

Filing 9

ORDER signed by Magistrate Judge Kimberly J. Mueller on 2/4/08 ORDERING that Service is appropriate for the following defendants: Leiber, Holmes and Malfi. Ramos, Lopez and Leach, Mendoza, Baughman, Crane and Cantu. The Clerk of the Court shall send plaintiff ten USM-285 forms, one summons, an instruction sheet and a copy of the amended complaint filed 10/22/07. Within thirty days from the date of this order, Plaintiff shall complete the attached Notice of Submission of Documents and submit it to the Court.(Mena-Sanchez, L)

(PC) Williams v. Walker et al

Doc. 9

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. JAMES WALKER, et al., Defendants. / Plaintiff is a state prisoner proceeding pro se and in forma pauperis with an action filed pursuant to 42 U.S.C. § 1983. By order filed October 3, 2007, plaintiff's complaint was dismissed with leave to file an amended complaint. Plaintiff has now filed an amended complaint. The amended complaint states a cognizable claim for relief pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 1915A(b). If the allegations of the amended complaint are proven, plaintiff has a reasonable opportunity to prevail on the merits of this action. In accordance with the above, IT IS HEREBY ORDERED that: 1. Service is appropriate for the following defendants: Leiber, Holmes and Malfi, insofar as the complaint alleges that they violated plaintiff's First Amendment rights by retaliatory actions or by failing to correct others' retaliatory actions (¶¶ 20, 21); defendants 1
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA JOHN W. WILLIAMS, Plaintiff, No. CIV S-07-0752 WBS KJM P

ORDER

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Ramos, Lopez and Leach, insofar as the complaint alleges that they violated plaintiff's Eighth Amendment rights by ignoring plaintiff's suicidal gestures (¶¶ 25, 27, 28); defendant Mendoza, insofar as the complaint alleges he violated plaintiff's First Amendment rights by retaliatory actions and Eighth Amendment rights by ignoring plaintiff's suicidal gestures (¶¶ 25, 27, 31, 39); defendant Baughman insofar as the complaint alleges that he violated plaintiff's First Amendment rights by retaliatory actions and violated plaintiff's Eighth Amendment rights by refusing to summon medical help for plaintiff, by leaving him in a holding cell for long periods of time, and by refusing to transfer plaintiff to a facility where he could receive better mental health treatment (¶¶ 20, 21, 37, 54); defendant Crane insofar as the complaint alleges that he violated plaintiff's First Amendment rights by retaliatory actions (¶ 43 ); defendant Cantu, insofar as plaintiff alleges that he violated plaintiff's Fourteenth Amendment rights by falsifying the results of a disciplinary hearing (¶ 52). 2. The Clerk of the Court shall send plaintiff ten USM-285 forms, one summons, an instruction sheet and a copy of the amended complaint filed October 22, 2007 (docket no. 8). 3. Within thirty days from the date of this order, plaintiff shall complete the attached Notice of Submission of Documents and submit the following documents to the court: a. The completed 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. Eleven copies of the endorsed amended complaint filed October 22, 2007. ///// ///// /////

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4. Plaintiff need not attempt service on defendants and need not request waiver of service. Upon receipt of the above-described documents, the court will direct the United States Marshal to serve the above-named defendants pursuant to Federal Rule of Civil Procedure 4 without payment of costs. DATED: February 4, 2008.

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Plaintiff DATED: order filed vs. JAMES WALKER, et al., Defendants. / Plaintiff hereby submits the following documents in compliance with the court's : completed summons form completed USM-285 forms copies of the Amended Complaint NOTICE OF SUBMISSION OF DOCUMENTS IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA JOHN W. WILLIAMS, Plaintiff, No. CIV S-07-0752 WBS KJM P