Cida v. Lee et al

Filing 19

ORDER signed by Magistrate Judge Kendall J. Newman on 10/13/16 ORDERING that Service is appropriate for the following defendants: B. Lee, G. Williams. D. Swingle and L.D. Zamora are DISMISSED as defendants in this action. The Clerk of the Court sh all send Plaintiff two USM-285 forms, one summons, an instruction sheet and a copy of the amended complaint filed 7/17/15. Within thirty days from the date of this order, Plaintiff shall complete the attached Notice of Submission of Documents. (Mena-Sanchez, L)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ADRIAN CIDA, 12 13 14 No. 2:13-cv-2289 MCE KJN P Plaintiff, v. ORDER BONNIE LEE, M.D. el at., 15 Defendants. 16 17 Plaintiff is a state prisoner, proceeding pro se and in forma pauperis, with an action filed 18 pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff’s second amended complaint. 19 (ECF No. 17.) 20 The amended complaint states a potentially cognizable claim for relief against defendants 21 Lee and Williams pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 1915A(b). If the allegations of 22 the amended complaint are proven, plaintiff has a reasonable opportunity to prevail on the merits 23 of this action. 24 25 Because the amended complaint does not name D. Swingle or L.D. Zamora as defendants, see ECF No. 17, Swingle and Zamora will be dismissed as defendants in this action. 26 In accordance with the above, IT IS HEREBY ORDERED that: 27 1. Service is appropriate for the following defendants: B. Lee, G. Williams. 28 2. D. Swingle and L.D. Zamora are dismissed as defendants in this action. 1 1 2 3. The Clerk of the Court shall send plaintiff two USM-285 forms, one summons, an instruction sheet and a copy of the amended complaint filed July 17, 2015. 3 4. Within thirty days from the date of this order, plaintiff shall complete the attached 4 Notice of Submission of Documents and submit the following documents to the court: 5 a. The completed Notice of Submission of Documents; 6 b. One completed summons; 7 c. One completed USM-285 form for each defendant listed in number 1 above; 8 and 9 d. Three copies of the endorsed amended complaint filed July 17, 2015. 10 5. Plaintiff need not attempt service on defendants and need not request waiver of service. 11 Upon receipt of the above-described documents, the court will direct the United States Marshal to 12 serve the above-named defendants pursuant to Federal Rule of Civil Procedure 4 without payment 13 of costs. 14 Dated: October 13, 2016 15 16 17 /cida2289.1.amd 18 19 20 21 22 23 24 25 26 27 28 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ADRIAN CIDA 12 13 No. 2:13-cv-2289 MCE KJN P Plaintiff, v. NOTICE OF SUBMISSION OF DOCUMENTS 14 15 Defendant. 16 17 18 Plaintiff hereby submits the following documents in compliance with the court's order filed _____________________ : 19 ____ completed summons form 20 ____ completed USM-285 forms 21 ____ copies of the ___________________ Amended Complaint 22 23 DATED: 24 25 26 ________________________________ Plaintiff 27 28 1

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