El-Shaddai v. Woodford et al

Filing 19

ORDER REQUIRING PLAINTIFF TO SUBMIT DOCUMENTS signed by District Judge Edward F. Shea on 1/29/09: Service is appropriate for both Defendants. The Clerk shall immediately send Plaintiff a USM-285 form for each Defendant to be served, as well as a sum mons, instruction sheet, and a copy of the Amended Complaint. Within forty-five (45) days from the date of this Order, Plaintiff shall complete the Notice of Submission of Documents and submit it to the Court with all of the appropriate paperwork. The District Court Executive is directed to enter this Order and provide a copy to Plaintiff and the U.S. Marshals Service. (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 26 Before the Court is pro se state prisoner Plaintiff Adonai ElShaddai's Amended Complaint, alleging various constitutional violations under 42 U.S.C. § 1983. (Ct. Rec. 18.) Under the Prisoner Litigation v. JEANNE WOODFORD, Director, California Department of Corrections, and D.L. Runnels, Warden, High Desert State Prison, Defendants. ORDER REQUIRING PLAINTIFF TO SUBMIT DOCUMENTS ADONAI EL-SHADDAI, Plaintiff, NO. CV-08-2429-EFS (PC) UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION

Reform Act of 1995, the Court is required to screen prisoner complaints seeking relief against a governmental entity or an officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). Claims that are legally

frivolous or malicious, claims that fail to state a claim upon which relief may be granted, and claims that seek monetary relief from a defendant who is immune from such relief are properly dismissed. 1915A(b)(1), (2) & 1915(e)(2). Id. §§

ORDER * 1

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After review, the Court finds that the Amended Complaint states plausible First and Fourteenth Amendment claims under 42 U.S.C. § 1983, and orders Plaintiff to prepare and return service documents so that the U.S. Marshals may serve the complaint on Defendants. Accordingly, IT IS HEREBY ORDERED: 1. Service is appropriate for both Defendants. 2. The Clerk of Court shall immediately send Plaintiff a USM-285 form for each Defendant to be served, as well as a summons, instruction sheet, and a copy of the Amended Complaint (Ct. Rec. 18). 3. Within forty-five (45) 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. b. c. The completed Notice of Submission of Documents; One completed summons; One completed USM-285 form for each Defendant listed in paragraph 1 above; and d. three (3) copies of the Amended Complaint (Ct. Rec. 18).

4. Plaintiff need not attempt service on Defendants and need not request waiver of service. After receiving the above-described

documents, the Court will issue a separate Order requiring the U.S. Marshals to serve each Defendant listed in paragraph 1. 5. The Court cautions Plaintiff that failing to submit the abovedescribed documents within forty-five (45) days will be construed as permission to dismiss this lawsuit under Federal Rule of Civil

Procedure 41.

ORDER * 2

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IT IS SO ORDERED. The District Court Executive is directed to enter this Order and provide a copy to Plaintiff and the U.S. Marshals Service. DATED this 29th day of January 2009.

S/ Edward F. Shea EDWARD F. SHEA United States District Judge
C:\WINDOWS\Temp\notes101AA1\ED.CA.08.2429.FillOut.wpd

ORDER * 3

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 ORDER * 4 DATED: ___________ Plaintiff hereby submits the following documents in compliance with the Court's Order filed completed summons form; completed USM-285 forms; and copies of the Amended Complaint (Ct. Rec. 18). : v. JEANNE WOODFORD, Director, California Department of Corrections, and D.L. Runnels, Warden, High Desert State Prison, Defendants. NOTICE OF SUBMISSION OF DOCUMENTS ADONAI EL-SHADDAI, Plaintiff, NO. CV-08-2429-EFS (PC) UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION