Carr v. Federal Bureau of Prisons et al

Filing 17

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 2/23/15 DIRECTING PLAINTIFF TO SUBMIT SERVICE DOCUMENTS and USM-285 Forms within 14 days. Service is appropriate for Leonardo Giron. Clerk to send plaintiff: instruction sheet, 1 Summons, 1 USM-285 Form, and 1 copy of the Amended Complaint filed on 1/26/15. It is RECOMMENDED that all defendants except Giron be dismissed from this action. Referred to Judge John A. Mendez; 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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LEROY CARR,

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Plaintiff,

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No. 2:14-cv-2110 JAM CKD P

v.

ORDER AND

FEDERAL BUREAU OF PRISONS, et al.,

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FINDINGS AND RECOMMENDATIONS

Defendants.

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

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pursuant to 42 U.S.C. § 1983. Before the court for screening is plaintiff’s first amended

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complaint. (ECF No. 16.)

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The amended complaint states a cognizable claim under 42 U.S.C. § 1983 and 28 U.S.C. §

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1915A(b) as to defendant Leonardo Giron, MD. If the allegations of the amended complaint are

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

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remaining defendants, the amended complaint fails to cure the deficiencies of the original

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complaint, as discussed in the previous screening order. (ECF No. 15.) Thus the undersigned

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will recommend that these defendants be dismissed.

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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: Leonardo Giron, MD.

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

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instruction sheet and a copy of the amended complaint filed January 26, 2015.

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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. Two copies of the endorsed amended complaint filed January 26, 2015.

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4. Plaintiff need not attempt service on defendant 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 defendant 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 except Giron be dismissed from
this action.

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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. Such a 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: February 23, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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2 / carr2110.1amd.new

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LEROY CARR,

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No. 2:14-cv-2110 JAM CKD P
Plaintiff,

v.

NOTICE OF SUBMISSION OF
DOCUMENTS

FEDERAL BUREAU OF PRISONS, 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 ___________________
Complaint

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DATED:

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________________________________

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Plaintiff
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