Donges v. Perett et al

Filing 16

ORDER signed by Magistrate Judge Dale A. Drozd on 08/19/09 DIRECTING PLAINTIFF TO SUBMIT SERVICE DOCUMENTS and USM-285 Forms. Service is appropriate for Don Perett, Baker, Brian Flicker. Clerk to send plaintiff: 1 Summons, 3 USM-285 Forms, instruction sheet and 1 copy of the Amended Complaint filed on 08/05/09 to be completed and returned within 30 days. (Plummer, M)

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. DON PERETT, et al., Defendants. / Plaintiff is a state prisoner proceeding pro se and in forma pauperis. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983. By order filed July 20, 2009, plaintiff's amended complaint was dismissed with leave to file a second amended complaint. Plaintiff has filed a second amended complaint. Plaintiff's second amended complaint appears to state cognizable claims for relief pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 1915A(b). If the allegations of the second amended complaint are proven, plaintiff has a reasonable opportunity to prevail on the merits of this action. Accordingly, IT IS HEREBY ORDERED that: 1. Service of the second amended complaint is appropriate for the following defendants: Don Perett, Brian Flicker, and Dr. John Baker. 1 ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA SHAWN CURTIS DONGES, Plaintiff, No. CIV S-09-0360 DAD P

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DAD:9 dong0360.1am

2. The Clerk of the Court shall send plaintiff three USM-285 forms, one summons, an instruction sheet, and a copy of the second amended complaint filed August 5, 2009. 3. Within thirty days from the date of this order, plaintiff shall complete the attached Notice of Submission of Documents and submit all of the following documents to the court at the same time: a. The completed, signed 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. Four copies of the second amended complaint filed August 5, 2009. 4. Plaintiff shall not attempt to effect service of the second amended complaint on defendants or request a waiver of service of summons from any defendant. Upon receipt of the above-described documents, the court will direct the United States Marshal to serve the abovenamed defendants pursuant to Federal Rule of Civil Procedure 4 without payment of costs. DATED: August 19, 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 Plaintiff 25 26 DATED: order filed vs. DON PERETT, et al., Defendants. / Plaintiff hereby submits the following documents in compliance with the court's : one completed summons form; three completed USM-285 forms; and four true and exact copies of the second amended complaint filed August 5, 2009. . NOTICE OF SUBMISSION OF DOCUMENTS IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA SHAWN CURTIS DONGES, Plaintiff, No. CIV S-09-0360 DAD P