Woodham v. Subia et al

Filing 13

ORDER DIRECTING PLAINTIFF TO SUBMIT SERVICE DOCUMENTS and USM-285 Forms signed by Magistrate Judge Gregory G. Hollows on 7/22/09. Service is appropriate for dfts Dator, Stormes, S Wholer, R. Cook, J Soltanian-Zadeh, B Williams. 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. RN DATOR, 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 20, 2009 (docket # 9), various claims from plaintiff's amended complaint were dismissed with leave to file a second amended complaint. Plaintiff has now filed a second amended complaint. The second 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 the following defendants: Registered Nurse (RN) Dator; RN Stormes; RN S. Wholer; Licensed Vocational Nurse (LVN) R. Cook; Dr. J. SoltanianZadeh; Dr. B. Williams. 1 ORDER GENE WOODHAM, Plaintiff, No. CIV S-09-0082 GGH P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 2. The Clerk of the Court shall send plaintiff six (6) USM-285 forms, one summons, an instruction sheet and a copy of the second amended complaint filed April 30, 2009 (docket # 11). 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. Seven (7) copies of the endorsed second amended complaint filed April 30, 2009 (docket # 11). 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. DATED: July 22, 2009 /s/ Gregory G. Hollows 18 UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 2 GGH:009 wood0082.1am 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Plaintiff 24 25 26 DATED: order filed 1 6 7 vs. RN DATOR, 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 April 30, 2009 (docket # 11) Second Amended Complaint NOTICE OF SUBMISSION OF DOCUMENTS GENE WOODHAM, Plaintiff, No. CIV S-09-0082 GGH P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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