Billingsley v. Solano County Jail Medical Staff

Filing 11

ORDER signed by Magistrate Judge Kimberly J. Mueller on 10/8/09 ORDERING that service is appropriate for dfts Kadavari and Purcell; the clerk to send pltf forms for service to be completed and returned w/in 30 days, along w/ the Notice of Submission; the clerk to assign this case to a district judge. This case has been assigned to US District Judge John A. Mendez and US Magistrate Judge Kimberly J. Mueller, the new case number is 2:08-cv-3048 JAM KJM (PC).(Yin, K)

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. SOLANO COUNTY JAIL, 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 April 16, 2009, 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 defendants Kadavari and Purcell. 2. The Clerk of the Court shall send plaintiff two USM-285 forms, one summons, an instruction sheet and a copy of the amended complaint filed May 5, 2009. 1 ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA MICHAEL BILLINGSLEY, Plaintiff, No. CIV S-08-3048 KJM P

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2 bill3048.1

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. Threee copies of the endorsed amended complaint filed May 5, 2009. 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. 5. The Clerk of the Court is directed to assign this case to a district judge. DATED: October 8, 2009.

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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. SOLANO COUNTY JAIL, 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 MICHAEL BILLINGSLEY, Plaintiff, No. CIV S-08-3048 KJM P