Springfield v. Allen, et al.

Filing 8

ORDER signed by Magistrate Judge Kendall J. Newman on 5/22/13 ORDERING that Plaintiff's request for leave to proceed in forma pauperis is granted. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. Clerk of the Court shall separate pages 3 to 15 from plaintiffs May 13, 2013 filing 7 and docket the signed, original complaint (ECF No. 7:3-15) as a separate docket entry, filed May 8, 2013. Service is appropriate for the following defendants: K. Allen, V. Singh, and E. Arnold. Clerk of the Court shall send plaintiff three USM-285 forms, one summons, an instruction sheet and a copy of the complaint filed May 8, 2013.(Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CIRON B. SPRINGFIELD,

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Plaintiff,

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vs.

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No. 2:13-cv-0809 KJN P

K. ALLEN, et al.,

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ORDER

Defendants.

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/

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Plaintiff is a state prisoner proceeding without counsel and in forma pauperis.

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Plaintiff seeks relief pursuant to 42 U.S.C. § 1983, and is proceeding in forma pauperis pursuant

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to 28 U.S.C. § 1915. This proceeding was referred to this court by Local Rule 302 pursuant to 28

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U.S.C. § 636(b)(1).

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By order filed May 2, 2013, plaintiff was directed to re-file a signed and dated

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original complaint. On May 13, 2013, plaintiff submitted a signed and dated original complaint.

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(ECF No. 7 at 3-15.) The Clerk of the Court is directed to separate pages 3 to 15 from plaintiff’s

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May 13, 2013 filing, and docket the signed, original complaint as a separate docket entry, filed

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May 8, 2013, the operative filing date under the mailbox rule. See Houston v. Lack, 487 U.S.

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266, 275-76 (1988) (pro se prisoner filing is dated from the date prisoner delivers it to prison

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authorities).
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Defendants are advised that plaintiff initially submitted exhibits to the complaint,

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which are not appended to the newly-signed complaint, but are a part of the court record for all

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purposes. (ECF No. 1 at 14-107.)

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Plaintiff alleges his due process rights were violated in connection with a

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classification committee hearing held on August 25, 2011, without plaintiff’s presence, and he

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claims he was wrongfully retained in maximum custody pending submission of an insufficient

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gang validation package. Plaintiff also alleges his due process rights were violated in connection

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with classification hearings held on January 11, 18, and 25, 2012. Plaintiff further alleges that

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defendants’ decision to retain him in maximum security deprived him of critically needed mental

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health treatment as ordered on August 3, 2011, in violation of the Eighth Amendment.

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The complaint states potentially cognizable due process and Eighth Amendment

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

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

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action.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Plaintiff's request for leave to proceed in forma pauperis is granted.

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2. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action.

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Plaintiff is assessed an initial partial filing fee in accordance with the provisions of 28 U.S.C.

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§ 1915(b)(1). All fees shall be collected and paid in accordance with this court’s order to the

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Director of the California Department of Corrections and Rehabilitation filed concurrently

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herewith.

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3. The Clerk of the Court shall separate pages 3 to 15 from plaintiff’s May 13,

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2013 filing (ECF No. 7), and docket the signed, original complaint (ECF No. 7:3-15) as a

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separate docket entry, filed May 8, 2013.

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4. Service is appropriate for the following defendants: K. Allen, V. Singh, and E.
Arnold.
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5. The Clerk of the Court shall send plaintiff three USM-285 forms, one
summons, an instruction sheet and a copy of the complaint filed May 8, 2013.

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6. 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:

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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 4

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above; and

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d. Four copies of the endorsed complaint filed May 8, 2013.

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

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service. Upon receipt of the above-described documents, the court will direct the United States

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Marshal to serve the above-named defendants pursuant to Federal Rule of Civil Procedure 4

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without payment of costs.

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DATED: May 22, 2013

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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spri0809.1

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CIRON B. SPRINGFIELD,

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Plaintiff,

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vs.

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No. 2:13-cv-0809 KJN P

K. ALLEN, et al.,

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Defendants.

OF DOCUMENTS

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NOTICE OF SUBMISSION

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
Complaint

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DATED:

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Plaintiff
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