Grimes v. Mule Creek State Prison Health Care et al

Filing 44

ORDER signed by Magistrate Judge Dale A. Drozd on 06/24/14 ordering plaintiff's request for additional USM-285 forms 43 is denied as unnecessary. Plaintiff's request for a copy of the first page of his complaint 43 is granted. The clerk of the court is directed to send plaintiff a copy of the first page of his third amended complaint filed on 03/13/14. (Plummer, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

MICHAEL JAMES GRIMES,

12

No. 2:12-cv-0937 DAD P

Plaintiff,

13

v.

ORDER

14

RICHARD RIVERMAN et al.,

15

Defendants.

16
Plaintiff is a state prisoner proceeding pro se and in forma pauperis. On March 26, 2014,

17
18

the court found that plaintiff’s third amended complaint appeared to state a cognizable claim

19

against defendants Naseer and Soltanian and ordered plaintiff to submit the documents necessary

20

for service of plaintiff’s complaint on these defendants. Plaintiff submitted the proper documents,

21

and on April 30, 2014, the court ordered the United States Marshal to serve plaintiff’s complaint

22

on defendants Naseer and Soltanian.
On June 16, 2014, plaintiff filed a request for six additional USM-285 forms “for the six

23
24

other defendants.” In the heading of his third amended complaint plaintiff identified only

25

Naseer, Soltanian and Akintola. (Dkt. No. 35.) In screening the third amended complaint, the

26

undersigned found that it failed to state a cognizable claim against defendant Akintola. (Dkt. No.

27

37 at 2.) Therefore, the court authorized service only upon defendants Naseer and Soltanian.

28

(Id.)
1

1

The undersigned now observes that in the body of the third amended complaint plaintiff

2

also mentioned K. Torres, Alphonso and Jane and John Does 1-10 as possible defendants. In any

3

event, no cognizable claim has been alleged against any of these other individuals and service of

4

the third amended complaint on them has not been authorized by the court. Plaintiff is again

5

advised that he is proceeding only against defendants Naseer and Soltanian in this action.

6

Therefore, the court will deny his request for additional USM-285 forms as unnecessary. Plaintiff

7

has also requested a copy of the first page of his complaint. Typically, the court does not provide

8

litigants with copies of their pleadings free of charge. In the interest of justice, however, the court

9

will grant plaintiff’s request in this instance only.

10

Accordingly, IT IS HEREBY ORDERED that:

11

1. Plaintiff’s request for additional USM-285 forms (Doc. No. 43) is denied as

12

unnecessary;
2. Plaintiff’s request for a copy of the first page of his complaint (Doc. No. 43) is granted;

13
14
15

and
3. The Clerk of the Court is directed to send plaintiff a copy of the first page of his third

16

amended complaint filed on March 13, 2014.

17

Dated: June 24, 2014

18
19
20
21

DAD:9
grim0937.36dusm

22
23
24
25
26
27
28
2