Rodriguez v. Tilton, et al

Filing 23

ORDER signed by District Judge Barbara J. Rothstein on 3/29/10: Plaintiff's request to proceed in forma pauperis is GRANTED. The Third Cause of Action in the Second Amended Complaint is DISMISSED. The Clerk of Court shall send plaintiff fourteen USM-285 forms, one summons, an instruction sheet and a copy of the Second Amended Complaint. (Kaminski, H)

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 Plaintiff is a state prisoner proceeding pro se. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on May 12, 2008 and paid the statutory filing fee of $350.00. Plaintiff now seeks leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. Plaintiff has submitted a declaration that makes the showing required by 28 U.S.C. § 1915(a). Accordingly, the request to proceed in forma pauperis will be granted. By order filed on February 22, 2010, this court determined that plaintiff's second amended complaint, with the exception of the Third Cause of Action, states a cognizable claim for relief against defendants American Legion Ambulance, Smith, Galloway, Hashimoto, Santos, Pieri, Brimhall, Campbell, Akintola, Knipp, Subia, Garcia, Blim and the Deputy Warden of MCSP. Accordingly, IT IS HEREBY ORDERED that: 1. Plaintiff's request to proceed in forma pauperis is GRANTED; 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA LUIS VALENZUELA RODRIGUEZ, Plaintiff, ) ) CASE NO. CIV S-08-1028 BJR ) v. ) ) ORDER GRANTING REQUEST ) TO PROCEED IN FORMA PAUPERIS JAMES TILTON, et al. ) Defendants. ) __________________________________________

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2. 3.

The Third Cause of Action in the Second Amended Complaint is DISMISSED; The Clerk of Court shall send plaintiff fourteen USM-285 forms, one summons, an

instruction sheet and a copy of the Second Amended Complaint; 4. 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 complete Notice of Submission of Documents; b. One completed summons; c. One completed USM-285 form for each defendant; and d. Six copies of the endorsed Second Amended Complaint. 5. 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 this 29th day of March, 2010.

/s/ Barbara Jacobs Rothstein Barbara Jacobs Rothstein U.S. District Court Judge

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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 Plaintiff 25 26 DATED: order filed vs. JAMES TILTON, 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 Complaint/Amended Complaint NOTICE OF SUBMISSION OF DOCUMENTS IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA LUIS VALENZUELA RODRIGUEZ Plaintiff, Case No. 2:08-cv-1028 BJR