Cida v. Lee et al
Filing
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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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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ADRIAN CIDA,
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No. 2:13-cv-2289 MCE KJN P
Plaintiff,
v.
ORDER
BONNIE LEE, M.D. el at.,
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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. Pending before the court is plaintiff’s second amended complaint.
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(ECF No. 17.)
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The amended complaint states a potentially cognizable claim for relief against defendants
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Lee and Williams pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 1915A(b). If the allegations of
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the amended complaint are proven, plaintiff has a reasonable opportunity to prevail on the merits
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of this action.
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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.
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In accordance with the above, IT IS HEREBY ORDERED that:
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1. Service is appropriate for the following defendants: B. Lee, G. Williams.
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2. D. Swingle and L.D. Zamora are dismissed as defendants in this action.
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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.
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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. Three copies of the endorsed amended complaint filed July 17, 2015.
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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: October 13, 2016
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/cida2289.1.amd
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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ADRIAN CIDA
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No. 2:13-cv-2289 MCE KJN P
Plaintiff,
v.
NOTICE OF SUBMISSION OF
DOCUMENTS
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Defendant.
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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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