Coats v. McDonald

Filing 15

ORDER DIRECTING PLAINTIFF TO SUBMIT SERVICE DOCUMENTS and USM-285 Forms signed by Magistrate Judge Gregory G. Hollows on 8/31/09. Service is appropriate for Dorothy Swingle, Nepomuceno, Raphael Miranda, Michael Fox. Clerk to send plaintiff: 1 Summons, 4 USM-285 Forms, and 1 copy of the Amended Complaint filed on 8/13/09. Within 30 days from the date of this order, plaintiff shall complete the Notice of Submission of Documents and submit the appropriate documents to the court.(Dillon, 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. MIKE MCDONALD, 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 on July 14, 2009, plaintiff's complaint was dismissed with leave to file an amended complaint. Plaintiff has now filed an amended complaint. The 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. ///// ///// ///// ///// 1 ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA WILLIAM THOMAS COATS, Plaintiff, No. CIV S-09-1301 MCE GGH P

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In accordance with the above, IT IS HEREBY ORDERED that: 1. Service is appropriate for the following defendants: Chief Medical Officer CMO) Michael Fox; CMO Dorothy Swingle;1 Dr. Nepomuceno; Physician's Assistant Raphael Miranda. 2. The Clerk of the Court shall send plaintiff four (4) USM-285 forms, one summons, an instruction sheet and a copy of the amended complaint filed August 13, 2009 (docket # 13). 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. Five (5) copies of the endorsed amended complaint filed August 13, 2009 (dkt # 13). 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: August 31,2009 /s/ Gregory G. Hollows

22 UNITED STATES MAGISTRATE JUDGE 23 24 25 26 Plaintiff identifies Dr. Fox as CMO at Deuel Vocational Institution and Dr. Swingle as High Desert State Prison's CMO. 2
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GGH:009 coat1301.1am

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 4 5 vs. MIKE MCDONALD, 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 8/13/2009 Amended Complaint NOTICE OF SUBMISSION OF DOCUMENTS IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA WILLIAM THOMAS COATS, Plaintiff, No. CIV S-09-1301 MCE GGH P