Motley v. Smith et al

Filing 21

ORDER signed by Magistrate Judge Valerie P. Cooke on 11/10/2009 ORDERING that service is appropriate for defendants J. Smith, D. Peddicord, Beasley, R. Kemp, E. Rausch, M. Wright, D. McGuire, Callison, R. Craddock, D. Chapman and Joe McGrath; Clerk shall send plaintiff 11 USM forms, summons, instructions and copy of the complaint; w/i 30 days from date of this order, plaintiff shall complete Notice of Submission of Documents and return documents for service by the USM. (Waggoner, D)

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 27 28 and 5. Plaintiff's Eighth Amendment deliberate indifference claims against defendants On July 30, 2009, a report and recommendation (#15) was entered recommending that plaintiff's complaint (#1) proceed as to the following defendants and claims: 1. Plaintiff's Fourteenth Amendment claims against defendants Smith, Peddicord, EDWARD MOTLEY, ) ) Plaintiff, ) ) vs. ) ) J. SMITH, et al., ) ) Defendants. ) ____________________________________) 2:08-CV-01423-RLH-VPC IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

ORDER

Beasley, Kemp, Wright, Chapman, and McGrath; 2. McGuire; 3. Plaintiff's First Amendment Access to the Courts claims against defendant Plaintiff's First Amendment retaliation claims against defendants Smith and

Peddicord, Wagner, and Rausch; 4. Plaintff's Eighth Amendment excessive force claim against defendant McGuire;

Callison and Craddock. On October 26, 2009, the District Court accepted and adopted the report and recommendation and ordered that plaintiff's claims were permitted to proceed as stated therein (#20).

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IT IS THEREFORE ORDERED that: 1. Service of the complaint (#1) is appropriate for the following defendants: J.

Smith, D. Peddicord, Beasley, R. Kemp, E. Rausch, M. Wright, D. McGuire, Callison, R. Craddock, D. Chapman, and Joe McGrath. 2. The Clerk of the Court shall send plaintiff eleven USM-285 forms, eleven

summons, an instruction sheet and a copy of the complaint (#1), a copy of the report and recommendation (#15), and a copy of the court's order (#20). 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. b. c. number 1 above; and d. Eleven copies of the complaint (#1), the report and recommendation (#15), The completed, signed Notice of Submission of Documents; Eleven completed summons; Eleven completed USM-285 forms, one for each defendant listed in

and the court's order (#20). 4. Plaintiff shall not attempt to effect service of the 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 above-named defendants pursuant to Federal Rule of Civil Procedure 4 without payment of costs. IT IS SO ORDERED. DATED: November 10, 2009. ______________________________________ UNITED STATES MAGISTRATE JUDGE

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 _____ copies of the court's order filed October 27, 2009 (#20) 20 21 22 23 24 25 26 27 28 -3______________________________ Plaintiff Dated: __________________. filed ____________________. _____ completed summons forms _____ completed USM-285 forms _____ copies of the complaint _____ copies of the report and recommendation IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA EDWARD MOTLEY, ) ) Plaintiff, ) ) vs. ) ) J. SMITH, et al., ) ) Defendants. ) ____________________________________)

2:08-CV-01423-RLH-VPC

NOTICE OF SUBMISSION OF DOCUMENTS

Plaintiff hereby submits the following documents in compliance with the court's order