Tiemens v. Andreasen et al

Filing 9

ORDER signed by Magistrate Judge Edmund F. Brennan on 7/21/09 ORDERING that ptlf's 8 request to proceed IFP is GRANTED; pltf to pay the $350 filing fee in accordance w/ the concurrent CDC order; service is appropriate for dfts R.L. Andreasen and Nadim K. Khoury; the clerk to send pltf forms for service to be completed and returned along w/ the Notice of Submission w/in 30 days. (Yin, K)

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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 vs. R. L. ANDREASEN, et al., Defendants. / Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. 1983. He requests leave to proceed in forma pauperis. See 28 U.S.C. 1915. This proceeding was referred to this court by Local Rule 72-302 pursuant to 28 U.S.C. 636(b)(1). Plaintiff has submitted a declaration that makes the showing required by 28 U.S.C. 1915(a). Plaintiff must pay the statutory filing fee of $350. See 28 U.S.C. 1914(a), 1915(b)(1). Plaintiff must make monthly payments of 20 percent of the preceding month's income credited to his prison trust account. All payments shall be forwarded by the appropriate agency to the Clerk of the Court when amount in plaintiff's account exceeds $10 until the filing fee is paid in full. 28 U.S.C. 1915(b)(2). //// 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA HERMAN TIEMENS, JR., Plaintiff, No. CIV S-09-0052 EFB P ORDER 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 The court finds that, for the limited purposes of 1915A screening, the complaint states claims that R. Andreasen and Nadim K. Khoury were deliberately indifferent to plaintiff's serious medical needs pursuant to 42 U.S.C. 1983 and 28 U.S.C. 1915A(b). Accordingly, it hereby is ordered that: 1. Plaintiff's request for leave to proceed in forma pauperis is granted. 2. Plaintiff must pay the statutory filing fee of $350 for this action. All payments shall be collected in accordance with the order to the Director of the California Department of Corrections and Rehabilitation filed concurrently herewith. 3. Service is appropriate for defendants R. L. Andreasen and Nadim K. Khoury. 4. The Clerk of the Court shall send plaintiff two USM-285 forms, one summons, an instruction sheet and one copy of the January 22, 2009, pleading. 5. Within 30 days from service of this order, plaintiff shall complete the attached Notice of Submission of Documents and submit it to the court with the completed summons and USM285 forms and three copies of the endorsed January 22, 2009, pleading. 6. Upon receipt of the necessary materials, the court will direct the United States Marshal to serve defendants R. L. Andreasen and Nadim K. Khoury pursuant to Federal Rule of Civil Procedure 4 without payment of costs. Failure to comply with this order may result in this action being dismissed. Dated: July 21, 2009. 2 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 3 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA HERMAN TIEMENS, JR., Plaintiff, vs. R. L. ANDREASEN, et al., Defendants. / Plaintiff hereby submits the following documents in compliance with the court's order filed 1 2 3 : completed summons form completed forms USM-285 copies of the January 22, 2009 First Amended Complaint NOTICE OF SUBMISSION OF DOCUMENTS No. CIV S-09-0052 EFB P Dated: Plaintiff

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