Cole v. Munoz et al
Filing
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ORDER DIRECTING PLAINTIFF TO SUBMIT SERVICE DOCUMENTS and USM-285 Forms, signed by Magistrate Judge Dennis L. Beck on 3/8/2010. Service is appropriate for Munoz, Dicks, Rocha, Blasdell. Clerk to send plaintiff: 4 Summons, 4 USM-285 Forms, and 1 copy of the Complaint filed on 3/13/2009. Case Management Deadline: 4/12/2010. (Sondheim, M)
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1 2 3 4 5 6 7 8 JAMES COLE, 9 Plaintiff, 10 v. 11 12 MUNOZ, et al., 13 14 15 Plaintiff James Cole ("Plaintiff") is a state prisoner proceeding pro se and in forma Defendants. / ORDER FINDING SERVICE OF COMPLAINT APPROPRIATE AND FORWARDING DOCUMENTS TO PLAINTIFF (Doc. 1) CASE NO.: 1:09-cv-00476-DLB PC
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
16 pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. 17 Plaintiff filed this action on March 13, 2009. The Court screened Plaintiff's complaint
18 pursuant to 28 U.S.C. § 1915A and finds that it states a cognizable claim for relief under§ 1983 19 against defendants Munoz, Dicks, Rocha, and Blasdell for violation of the Eighth Amendment 20 and First Amendment.1 21 22 23 24 25 26 27 28
By separate order, the Court dismissed Defendants Jones, Cano, and Hicumbontom from the action for fa ilu r e to state a claim upon which relief may be granted.
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Accordingly, IT IS HEREBY ORDERED that: 1. Service is appropriate for defendants MUNOZ DICKS ROCHA
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 3b142a 19 20 21 22 23 24 25 26 27 28 5. 4. 3. 2.
BLASDELL The Clerk of the Court shall send Plaintiff four (4) USM-285 forms, four (4) summons, a Notice of Submission of Documents form, an instruction sheet and a copy of the complaint filed March 13, 2009. Within THIRTY (30) DAYS from the date of this Order, Plaintiff shall complete the attached Notice of Submission of Documents and submit the completed Notice to the Court with the following documents: a. b. c. Completed summons; One completed USM-285 form for each defendant listed above; and Five (5) copies of the endorsed complaint filed March 13, 2009.
Plaintiff need not attempt service on Defendants and need not request waiver of service. Upon receipt of the above-described documents, the court will direct the United States Marshal to serve the above-named Defendants pursuant to Federal Rule of Civil Procedure 4 without payment of costs. The failure to comply with this Order will result in dismissal of this action.
IT IS SO ORDERED. Dated:
March 8, 2010
/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE
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