Sherman v. Small et al

Filing 13

ORDER Dismissing Claims re 12 Third Amended Complaint and Directing USMS to Effect Service. Claims against Defendants M E Bourland, Matthew Cate, DOES, D Edwards, M Granis, George Guirbino, J G Janda, J Jimenez, Jr, L S McEwen, A Miller, D Nunez, T im Ochoa, Palomera, Stuart J Ryan, Sabala, Larry E Scribner, Larry E Small, S Anderson and T Borem are dismissed for failing to state a claim upon which relief may be granted pursuant to 28 USC 1915(e)(2)(B). Clerk directed to enter final judgment, w ithout prejudice, as to dismissed Defendants. Clerk shall issue summons as to Pla's Third Amended Complaint for Defendants Delgado, Gonzales, and Aguilar and to provide copy of Court's 3/19/2010 Order Granting Leave to Proceed IFP for purpo se of serving each Dft. US Marshal directed to serve copy of Third Amended and summons upon each Defendant. Dfts are ordered to reply to Pla's Third Amended Complaint w/in time provided by FRCP 12(a). Signed by Judge Irma E. Gonzalez on 10/14/2010. (cc: Matthew Cate). (IFP Package prepared and mailed) (All non-registered users served via U.S. Mail Service)(jah). Modified on 10/18/2010 - Regenerated NEF to send to M. Cate (jah). (jrl).