Ramirez v. Win, et al

Filing 22

ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 3/12/15 DIRECTING PLAINTIFF TO SUBMIT SERVICE DOCUMENTS and USM-285 Forms within 30 days. Service is appropriate for D Price, H. Win. Clerk to send plaintiff: 1 Summons, 2 USM-285 Forms, and 1 copy of the Amended Complaint filed on 12/4/14. It is RECOMMENDED that all defendants other than Win and Price be dismissed. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN A. RAMIREZ,

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No. 2:14-cv-1714 TLN CKD P

Plaintiff,
v.

ORDER AND

H. WIN, et al.,

FINDINGS AND RECOMMENDATIONS
Defendants.

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Plaintiff is a California prisoner proceeding pro se and in forma pauperis with an action

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filed pursuant to 42 U.S.C. § 1983. On October 10, 2014, plaintiff’s complaint was dismissed

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with leave to file an amended complaint. Plaintiff has now filed an amended complaint.

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The court is required to screen complaints brought by prisoners seeking relief against a

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governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The

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court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally

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“frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek

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monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1),(2).

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After conducting the required screening, the court finds that plaintiff may proceed on

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claims arising under the Eighth Amendment against defendants Win and Price for denial of

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adequate medical care. Accordingly, the court will order service of process upon those

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defendants. The court will recommend that that all other defendants be dismissed as plaintiff fails
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to allege facts indicating those defendants were deliberately indifferent to plaintiff’s serious

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medical needs. See Estelle v. Gamble, 429 U.S. 97, 104-05 (1976).

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

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1. Service is appropriate for defendants Price and Win.

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

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instruction sheet and a copy of the amended complaint filed December 4, 2014.

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3. 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.

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4. 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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IT IS HEREBY RECOMMENDED that all defendants other than defendants Win and
Price be dismissed.

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These findings and recommendations are submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days

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after being served with these findings and recommendations, plaintiff may file written objections

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with the court. The document should be captioned “Objections to Magistrate Judge’s Findings

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and Recommendations.” Plaintiff is advised that failure to file objections within the specified

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time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153

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(9th Cir. 1991).

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Dated: March 12, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JOHN A. RAMIREZ,

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No. 2:14-cv-1714 TLN CKD P

Plaintiff,
v.

NOTICE OF SUBMISSION OF
DOCUMENTS

H. WIN, 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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________________________________

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Plaintiff
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