Mitchell v. Snowden et al

Filing 13

ORDER DIRECTING PLAINTIFF TO SUBMIT SERVICE DOCUMENTS and USM-285 Forms signed by Senior Judge Howard D. McKibben on 1/14/2010. Service is appropriate for Largos, Snowden, Seaton, Compton, S. Vance. Defendants Engellemer and John/Jane Doe are hereby dismissed. Clerk to send plaintiff: five USM-285 forms, one summons, an instruction sheet and a copy of the complaint filed July 18, 2008. Plt to submit the documents within thirty days from the date of this order. (Duong, 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 Plaintiff is a state prisoner proceeding pro se. In its MICHAEL JEROME MITCHELL, ) ) Plaintiff, ) ) vs. ) ) SNOWDEN, et al., ) ) Defendants. ) _________________________________ ) 2:08-cv-01658-HDM(DAD) ORDER UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

initial screening order dated June 15, 2009, the court dismissed all of plaintiff's claims against defendants Engellemer and John/Jane Doe with leave to amend. complaint. Plaintiff's complaint was allowed to go forward as to defendants Snowden, Seaton, Largos, S. Vance, and Compton, on the basis that the complaint stated an Eighth Amendment claim as to those defendants. Accordingly, IT IS HEREBY ORDERED that: 1. Plaintiff's complaint will go forward as to defendants 1 Plaintiff failed to amend his

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Snowden, Seaton, Largos, S. Vance, and Compton. 2. Service is appropriate for the following defendants: (1) Snowden; (2) Seaton; (3) Largos; (4) S. Vance; and (5) Compton. 3. Defendants Engellemer and John/Jane Doe are hereby dismissed. 4. The Clerk of the Court shall send plaintiff five USM-285 forms, one summons, an instruction sheet and a copy of the complaint filed July 18, 2008. 5. 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 2 above; and d. Five copies of the endorsed complaint filed July 18, 2008. 6. Plaintiff need not attempt service on the 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 14th day of January, 2010.

____________________________ UNITED STATES DISTRICT JUDGE

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1 2 3 4 5 6 7 8 9 10 11 MICHAEL JEROME MITCHELL, 12 13 14 15 16 17 Plaintiff hereby submits the following documents in compliance 18 with the court's order filed ______________: 19 ______ 20 ______ 21 ______ 22 23 DATED: 24 25 26 27 28 3 ___________________________________ Plaintiff copies of the _______________ Complaint/Amended Complaint completed USM-285 forms completed summons form ) ) Plaintiff, ) ) vs. ) ) SNOWDEN, et al., ) ) Defendants. ) _________________________________ ) 2:08-cv-01658-HDM(DAD) NOTICE OF SUBMISSION OF DOCUMENTS UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA