Lugo v. Williams et al

Filing 16

ORDER signed by Magistrate Judge Craig M. Kellison on 4/13/09 AUTHORIZING service on dfts Williams and Maluia; the clerk to send pltf forms for service to be completed and returned w/in 30 days along w/ Notice of Submission. (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 Plaintiff raised the same claims in a prior action ­ CIV-S-07-1134-MCE-JFM ­ which was dismissed without prejudice for failure to resolve fees. 1
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

RUSTY LUGO, Plaintiff, vs. WILLIAMS, et al., Defendants. /

No. CIV S-09-0505-MCE-CMK-P

ORDER

Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983.1 Pending before the court is plaintiff's complaint (Doc. 1). The court is required to screen complaints brought by prisoners seeking relief against a governmental entity or officer or employee of a governmental entity. See 28 U.S.C. § 1915A(a). Plaintiff names Williams and Maluia as defendants. He claims that, in May 2007, defendants were deliberately indifferent to the conditions of his confinement and used excessive force. The complaint appears to state a cognizable claim for relief pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 1915A(b). If the allegations are proven, plaintiff has a reasonable opportunity to

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prevail on the merits of this action. The court, therefore, finds that service is appropriate and will direct service by the U.S. Marshal without pre-payment of costs. Plaintiff is informed, however, that this action cannot proceed further until plaintiff complies with this order. Plaintiff is warned that failure to comply with this order may result in dismissal of the action. See Local Rule 11110. Accordingly, IT IS HEREBY ORDERED that: 1. The court authorizes service on the following defendant(s): WILLIAMS, and MALUIA; 2. The Clerk of the Court shall send plaintiff one USM-285 form for each

defendant identified above, one summons, an instruction sheet, and a copy of the [ORDINAL amended] complaint; and 3. Within 30 days of the date of service of this order, plaintiff shall complete

the attached Notice of Submission of Documents and submit the following documents to the court: a. b. c. d. The completed Notice of Submission of Documents; One completed summons; Two completed USM-285 form(s); and Three copies of the endorsed complaint.

DATED: April 13, 2009 ______________________________________ CRAIG M. KELLISON UNITED STATES MAGISTRATE JUDGE

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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 3 DATED: __________________ ____________________________________ Plaintiff order: 1 completed summons form; completed USM-285 form(s); and copies of the complaint. Plaintiff hereby submits the following documents in compliance with the court's vs. WILLIAMS, et al., Defendants. / NOTICE OF SUBMISSION OF DOCUMENTS RUSTY LUGO, Plaintiff, No. CIV S-09-0505-MCE-CMK-P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA