Jones v. Bishop, et al

Filing 41

ORDER signed by Senior Judge Justin L. Quackenbush on 8/19/2010 ORDERING that Pltf's 26 Motion is DENIED. Pltf's 31 Motion for Court to Order Service of Process on Dft J. McGuire is GRANTED. The Clerk shall forward service documents to the USM. USM to serve dft McGuire within 10 days. (Zignago, K.)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 IT IS HEREBY ORDERED: 1. Plaintiff's "`Imminent Danger Motion'" (Ct. Rec. 26) is DENIED. Plaintiff seeks MALIK JONES, Plaintiff, v. J.L. BISHOP, et al., Defendants. NO. CV-09-0150-JLQ ORDER RE: PLAINTIFF'S MOTIONS; SUPPLEMENTAL ORDER DIRECTING SERVICE ON DEFENDANT MCGUIRE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

17 the court's "help" claiming that prison officials have retaliated against him and wrongfully 18 taken his mobility assistive devices that doctors prescribed him. He also claims that in June 19 of this year Defendant Probst threw a lunch bag and milk at him. Plaintiff is required to 20 utilize the prison internal grievance system, not this court, to seek to correct his ongoing 21 issues. The court will not consider matters extraneous to the pleadings and Plaintiff is 22 directed to stop filing motions or declarations (such as Ct. Rec. 33 filed August 2, 2010) 23 pertaining to ongoing grievances he has. 2. Plaintiff's Motion for Court to Order Service of Process on Defendant J. McGuire 24 25 (Ct. Rec. 31) is GRANTED. Plaintiff apparently does not wish to voluntarily dismiss the 26 ORDER - 1

1 claims against Defendant J. McGuire, as previously suggested. This Order shall supplement 2 the court's April 30, 2010 and May 19, 2010 Orders Directing Service. 3 3. Plaintiff's Amended Complaint states cognizable claims for relief against Defendant 4 J. McGuire. See Ct. Rec. 10, 18. The court ordered Plaintiff to prepare and return the 5 necessary service documents by April 30, 2010. Ct. Rec. 18. Plaintiff has done so. Ct. Rec. 6 20. 7 9 10 11 12 13 14 15 16 17 18 20 21 22 24 25 26 ORDER - 2 6. 5. g. 4. The Clerk of Court shall additionally forward the following documents to the a. b. c. d. e. f. One completed and issued summons; One completed USM-285 forms; One copy of the Amended Complaint; One copy of this Order, as well as the Orders at Ct. Rec. 10 and 18; Two copies of a Waiver of Service; One notice of lawsuit consistent with Federal Rule of Civil Procedure 4(d)(1); and One request for waiver of service consistent with Federal Rule of Civil Procedure 4(d)(1). The Clerk of Court shall also immediately forward the following additional a. b. an extra copy of the Amended Complaint; and an extra copy of this Order, Ct. Rec. 10 and Ct. Rec. 18. 8 United States Marshal in connection with service on Defendant J. McGuire:

19 documents to the U.S. Marshals Service:

The U.S. Marshals Service shall serve Defendant J. McGuire in accordance a. WITHIN TEN DAYS FROM THE DATE OF THIS ORDER, in order to effectuate service, the United States Marshal, in compliance with Rule 4(d), shall send the following documents by first class mail to the

23 with Federal Rule of Civil Procedure 4.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 7. b.

Defendant J. McGuire: the summons, the Amended Complaint, this Order, a request for waiver of service of summons, two copies of the Waiver of Service, and a return envelope, postage prepaid, addressed to the sender. The costs of mailing shall be advanced by the United States. Next, if the Defendant J. McGuire does not return the Waiver of Service within the applicable time period, the U.S. Marshal shall personally serve that Defendant J. McGuire, in compliance with Rule 4(e)-(I) and 28 U.S.C. § 566(c). The United States Marshal shall make the necessary attempts to effectuate such personal service until service is effected or, if necessary, obtain direction from the court or the Legal Affairs Division (Litigation Office Special Investigator) of the California Department of Corrections and Rehabilitation (CDCR). The Marshal shall also command all necessary assistance from the California Department of Corrections and Rehabilitation (CDCR) to execute this Order. The United States Marshal shall file upon receipt the returned waivers of service,

16 the requests for waiver of service that are returned as undelivered, and returns of service. In 17 addition, if necessary, the Marshal shall complete and file the USM-285 form. Costs of 18 service will then be taxed against the personally-served Defendant in accordance with Federal 19 Rule of Civil Procedure 4(d)(2). 20 22 23 24 25 26 ORDER - 3 IT IS SO ORDERED. The District Court Executive is directed to enter this Order and DATED this 19th day of August 2010. s/ Justin L. Quackenbush JUSTIN L. QUACKENBUSH SENIOR UNITED STATES DISTRICT JUDGE 21 provide a copy to Plaintiff and counsel.