Johnson v. Felker et al

Filing 23

ORDER signed by Magistrate Judge Kendall J. Newman DIRECTING PLAINTIFF TO SUBMIT SERVICE DOCUMENTS and USM-285 Forms within 30 days on 1/17/14. Service is appropriate for L Alexander, R. Anderson, C. Aston, Matthew Cate, J. Fannon, D. Griffith, N. Guzman, B. Ingwerson, J. Lewis, M. Lindsey, S. Look, D. McBride, B. Ramsey, D. Spangle, P Statti, B. Wheeler. Clerk to send plaintiff: instruction sheet, 1 Summons, 16 USM-285 Forms, and 1 copy of the Amended Complaint filed on 1/3/14. The findings and recommendations filed on January 10, 2014 (ECF No. 20 ), are vacated.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MAURICE JOHNSON,

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Plaintiff,

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No. 2:12-cv-02719 GEB KJN (PC)

v.

ORDER

TOM FELKER, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding pro se and in forma pauperis, with an action filed

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pursuant to 42 U.S.C. § 1983. By order filed December 3, 2013, plaintiff’s first amended

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complaint was dismissed with leave to file a second amended complaint. ECF No. 19. Plaintiff

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has now filed an amended complaint.1
The amended complaint states a potentially cognizable claim for relief against defendants

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pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 1915A(b). If the allegations of the amended

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complaint are proven, plaintiff has a reasonable opportunity to prevail on the merits of this action.

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The court issued findings and recommendations on January 10, 2014, recommending dismissal
of this action due to plaintiff’s failure to timely file a second amended complaint. ECF No. 20.
However, plaintiff’s second amended complaint was in fact timely filed on January 3, 2014. ECF
No. 21; see Houston v. Lack, 487 U.S. 266, 276 (1988). Accordingly, the court will vacate the
January 10, 2014 findings and recommendations.
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In accordance with the above, IT IS HEREBY ORDERED that:

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1. The findings and recommendations filed on January 10, 2014 (ECF No. 20), are

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vacated;

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2. Service is appropriate for the following defendants: Matthew Cate, D. Griffith, P.

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Statti, D. Spangle, B. Ingwerson, J. Lewis, L. Alexander, R. Anderson, C. Aston, J. Fannon, N.

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Guzman, M. Lindsey, S. Look, D. McBride, B. Ramsey, and B. Wheeler.

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3. The Clerk of the Court shall send plaintiff 16 USM-285 forms, one summons, an

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instruction sheet and a copy of the second amended complaint filed January 3, 2014 (ECF No.

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21).

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4. Within thirty days from the date of this order, plaintiff shall complete the attached

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Notice of Submission of Documents and submit the following documents to the court:

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a. The completed Notice of Submission of Documents;

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b. One completed summons;

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c. One completed USM-285 form for each defendant listed in number 1 above;

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and

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d. 17 copies of the endorsed second amended complaint filed January 3, 2014.

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5. Plaintiff need not attempt service on defendants and need not request waiver of service.

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Upon receipt of the above-described documents, the court will direct the United States Marshal to

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serve the above-named defendants pursuant to Federal Rule of Civil Procedure 4 without payment

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of costs.

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Dated: January 17, 2014

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john2719.1.amd

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MAURICE JOHNSON

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No. 2:12-cv-02719 GEB KJN (PC)

Plaintiff,
v.

NOTICE OF SUBMISSION OF
DOCUMENTS

TOM FELKER, et al.

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Defendants.

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Plaintiff hereby submits the following documents in compliance with the court's order
filed _____________________ :

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completed summons form

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completed USM-285 forms

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copies of the ___________________
Amended Complaint

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DATED:

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________________________________
Plaintiff

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