Piper v. Harveys Casino et al

Filing 16

ORDER AND ORDER DIRECTING SERVICE BY THE USM WITHOUT PREPAYMENT OF COSTS, signed by Magistrate Judge Carolyn K. Delaney on 4/5/17 AND FINDINGS and RECOMMENDATIONS. IT IS ORDERED that Service of summons is appropriate for defendants City of South L ake Tahoe, South Lake Tahoe Police Department, and Officer Honsell. The USM is directed to serve within ninety days of the date of this order, all process pursuant to FRCP 4(e) and 4(j) without prepayment of costs. The Clerk of the Court shall send Plaintiff one USM-285 form for each of the defendants listed in paragraph one of this order, three summons, and a copy of the second amended complaint filed 4/3/17. Plaintiff is directed to provide to the USM, within fourteen days from the date this order is filed, all information needed by the Marshal to effect service of process. The Clerk of the Court is directed to serve a copy of this order on the USM, 501 "I" Street, Sacramento, CA., 95814. IT IS HEREBY RECOMMENDED that defendants Harveys Casino and Barton Hospital be dismissed. referred to Judge Garland E. Burrell, Jr; Objections to these F&R due within fourteen days. (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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DOUGLAS PIPER,

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No. 2:16-cv-2374 GEB CKD PS

Plaintiff,
v.
HARVEYS CASINO, et al.,

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ORDER AND ORDER DIRECTING
SERVICE BY THE UNITED STATES
MARSHAL WITHOUT PREPAYMENT OF
COSTS;

Defendants.
FINDINGS AND RECOMMENDATIONS

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Plaintiff is proceeding in this action pro se and in forma pauperis. Plaintiff has filed a

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second amended complaint, alleging claims under 42 U.S.C. § 1983. Pursuant to 28 U.S.C. §

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1915(e)(2), the court is directed to dismiss the case at any time if it determines the allegation of

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poverty is untrue, or the action is frivolous or malicious, fails to state a claim on which relief may

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be granted, or seeks monetary relief against an immune defendant. The court cannot make this

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determination on the present record as to defendants City of South Lake Tahoe, South Lake

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Tahoe Police Department, and Officer Honsell. Therefore, the court reserves decision on these

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issues until the record is sufficiently developed. The court will order service as to these

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defendants.

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Plaintiff has now filed three complaints in this action; in each of the complaints, plaintiff
has failed to state a claim with respect to the remaining defendants, Harveys Casino and Barton
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Hospital. The court will therefore decline to order service as to these defendants and will

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recommend that they be dismissed.

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Good cause appearing, IT IS ORDERED that:

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1. Service of summons is appropriate for defendants City of South Lake Tahoe, South

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Lake Tahoe Police Department, and Officer Honsell.

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2. The United States Marshal is directed to serve within ninety days of the date of this
order, all process pursuant to Fed. R. Civ. P. 4(e) and 4(j) without prepayment of costs.

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3. The Clerk of the Court shall send plaintiff one USM-285 form for each of the
defendants listed in paragraph one of this order, three summons, and a copy of the second
amended complaint filed April 3, 2017.

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4. Plaintiff is directed to provide to the United States Marshal, within fourteen days from

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the date this order is filed, all information needed by the Marshal to effect service of process,

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including all information required for proper service of summons under Federal Rules of Civil

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Procedure 4(e) and 4(j) and shall file a statement with the court that said documents have been

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submitted to the United States Marshal, along with a copy of the information provided to the

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Marshal, including copies of the USM-285 forms. The court anticipates that, to effect service, the

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U.S. Marshal will require at least:

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a. One completed summons for each defendant;

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b. One completed USM-285 form for each defendant;

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c. One copy of the endorsed filed second amended complaint for each defendant,

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with an extra copy for the U.S. Marshal; and

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d. One copy of the instant order for each defendant.

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5. In the event the U.S. Marshal is unable, for any reason whatsoever, to effectuate

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service on any defendant within 90 days from the date of this order, the Marshal is directed to

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report that fact, and the reasons for it, to the undersigned.

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6. The Clerk of the Court is directed to serve a copy of this order on the United States

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Marshal, 501 "I" Street, Sacramento, Ca., 95814, Tel. No. [phone]; and

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/////
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IT IS HEREBY RECOMMENDED that defendants Harveys Casino and Barton
Hospital 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, any party may file written

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objections with the court and serve a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections

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within the specified time may waive the right to appeal the District Court’s order. Martinez v.

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Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: April 5, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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