DuShane v. Sacramento County Main Jail et al

Filing 7

ORDER; FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 3/13/15 DIRECTING PLAINTIFF TO SUBMIT SERVICE DOCUMENTS and USM-285 Forms within 30 days. Service is appropriate for Her. Clerk to send plaintiff: 1 Summons, 1 US M-285 Forms, and 1 copy of the Complaint filed on 1/16/15. Plaintiff's 2 Motion to Proceed IFP is GRANTED. It is RECOMMENDED that defendant Sacramento County Main Jail 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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JASEN LYNN DUSHANE,

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Plaintiff,

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v.

No. 2:15-cv-0136 TLN CKD P

ORDER AND

SACRAMENTO COUNTY MAIN JAIL,
et al.,

FINDINGS AND RECOMMENDATIONS

Defendants.

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Plaintiff is a Nevada prisoner proceeding pro se. Plaintiff seeks relief pursuant to 42

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U.S.C. § 1983 and has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. §

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

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636(b)(1).

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Plaintiff has submitted a declaration that makes the showing required by 28 U.S.C. §
1915(a). Accordingly, the request to proceed in forma pauperis will be granted.

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Plaintiff is required to pay the statutory filing fee of $350.00 for this action. 28 U.S.C. §§

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1914(a), 1915(b)(1). By separate order, the court will direct the appropriate agency to collect the

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initial partial filing fee from plaintiff’s trust account and forward it to the Clerk of the Court.

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Thereafter, plaintiff will be obligated for monthly payments of twenty percent of the preceding

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month’s income credited to plaintiff’s prison trust account. These payments will be forwarded by
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the appropriate agency to the Clerk of the Court each time the amount in plaintiff’s account

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exceeds $10.00, until the filing fee is paid in full. 28 U.S.C. § 1915(b)(2).

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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 has conducted the required screening and finds that plaintiff may proceed on claims arising

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under the First and Eighth Amendments against defendant Her. Accordingly, the court will order

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that defendant Her be served with process. Plaintiff’s complaint fails to state a claim upon which

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relief can be granted against the Sacramento County Mail Jail.1 Therefore, the court will

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recommend that the Sacramento County Main Jail be dismissed.

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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 (ECF No. 2) is granted.

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

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shall be collected and paid in accordance with this court’s order to the Director of the Nevada

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Department of Corrections.

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3. Service is appropriate for defendant Her.

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4. The Clerk of the Court shall send plaintiff a USM-285 form, a summons, an instruction

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sheet and a copy of the complaint.

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5. 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; and

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d. Two copies of the endorsed complaint.

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6. Plaintiff need not attempt service on defendant Her and need not request waiver of
service. Upon receipt of the above-described documents, the court will direct the United States

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Plaintiff fails to allege any of his federal rights were violated as the result of a policy or custom
of the Sacramento County Main Jail. See Monell v. Dept. of Social Services City of N.Y., 436
U.S. 658, 694 (1978).
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Marshal to serve defendant Her pursuant to Federal Rule of Civil Procedure 4 without payment of

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costs.

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IT IS HEREBY RECOMMENDED that defendant Sacramento County Main Jail 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 13, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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dush0136.1

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JASEN LYNN DUSHANE,

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Plaintiff,

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No. 2:15-cv-0136 TLN CKD P

v.

NOTICE OF SUBMISSION OF
DOCUMENTS

SACRAMENTO COUNTY MAIN JAIL,
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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