Willis v. Cassey et al

Filing 13

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 12/15/10 ORDERING service is appropriate for defendants Curry, Douchow, Vasquez, Johnston, Casey, Lee, Pete, O'Laughlin and Hayward. The clerk of the court shall send plaintiff 9 USM-285 forms, 1 summons, instruction sheet and a copy of the 09/02/10 amended complaint to be completed and returned within 28 days. Also, RECOMMENDING that defendants Prunity, Haworth, Dunlap, Quarte, Tennison, Bickford, Barker, and any claim of conspiracy against defendants Johnston and Hayward be dismissed. Referred to Judge Morrison C. England Jr. Objections due within 14 days.(Plummer, M)

(PC) Willis v. Cassey et al

Doc. 13

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 FOLSOM STATE PRISON MEDICAL STAFF, 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 October 8, 2010, certain defendants and claims were dismissed from plaintiff's first amended complaint with leave to file a second amended complaint. Plaintiff was informed that upon the filing of a second amended complaint or expiration of time therefor, the court would make further orders for service of process upon some or all defendants. Plaintiff has elected not to file a second amended complaint and the time for doing so has expired. As was stated in the preceding order, a colorable claim for relief against defendants Sergeant Curry; Correctional Officer (C/O) Douchow; C/O Vasquez; Correctional Counselor (CC) I Johnston; Appeal Coordinator Casey; Dr. Lee; Registered Nurse (RN) Pete; 1
Dockets.Justia.com

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA MARCEL WILLIS, Plaintiff, vs. No. CIV S-10-1631 MCE GGH P

ORDER & FINDINGS AND RECOMMENDATIONS

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RN Diana O'Laughlin; Captain Hayward, pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 1915A(b) was stated within the (first amended) complaint. However, as to plaintiff's claims against defendants Prunity, Haworth, Dunlap, Quarte, Tennison, Bickford, and Barker, the court now recommends they be dismissed from this action, as well as any claim of conspiracy against defendants Johnston and Hayward, for the reasons discussed in the Order, filed on October 8, 2010. In accordance with the above, IT IS HEREBY ORDERED that: 1. Service is appropriate for the following defendants: Sergeant Curry; C/O Douchow; C/O Vasquez; CC I Johnston; Appeal Coordinator Casey; Dr. Lee; RN Pete; RN Diana O'Laughlin; Captain Hayward. 2. The Clerk of the Court shall send plaintiff nine (9) USM-285 forms, one summons, an instruction sheet and a copy of the amended complaint filed September 2, 2010 (docket # 11). 3. Within twenty-eight 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. Ten (10) copies of the endorsed amended complaint filed September 2, 2010 (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. 2

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GGH:009 will1631.1am+

IT IS RECOMMENDED that defendants Prunity, Haworth, Dunlap, Quarte, Tennison, Bickford, Barker, and any claim of conspiracy against defendants Johnston and Hayward, be dismissed. These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days after being served with these findings and recommendations, plaintiff may file written objections with the court. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Plaintiff is advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). DATED: December 15, 2010 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 Defendants. 15 / 16 Plaintiff hereby submits the following documents in compliance with the court's 17 order filed 18 1 19 9 20 10 21 DATED: 22 23 24 25 26 Plaintiff copies of the September 2, 2010 Amended Complaint completed USM-285 forms completed summons form : OF DOCUMENTS vs. FOLSOM STATE PRISON MEDICAL STAFF, et al. NOTICE OF SUBMISSION MARCEL WILLIS, Plaintiff, No. CIV S-10-1631 MCE GGH P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA