(PC) Nguyen v. Paulsen et al, No. 2:2009cv03465 - Document 15 (E.D. Cal. 2010)

Court Description: ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 6/4/2010 ORDERING that service is appropriate for dfts Paulsen, Nokrashy and Jone; the clerk to send pltf forms for service to be completed and returned w/in 28 days, along w/ the Notice of Submission; and RECOMMENDING that dft Post be dismissed. Referred to Judge Frank C. Damrell, Jr.; Objections to F&R due w/in 14 days. (Yin, K)

Download PDF
(PC) Nguyen v. Paulsen et al Doc. 15 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TRI NGUYEN, Plaintiff, 11 vs. 12 13 No. CIV S-09-3465 FCD GGH P J. PAULSEN, et al., Defendants. 14 ORDER & FINDINGS AND RECOMMENDATIONS / 15 Plaintiff is a state prisoner proceeding pro se and in forma pauperis. On March 16 17 18, 2010, the court found plaintiff’s complaint stated a colorable claim for money damages 18 against defendants Paulsen, Nokrashy and Jone, but dismissed claims against Post with leave to 19 amend. Plaintiff has not filed an amended complaint, therefore Post should be dismissed. 20 If the allegations of the complaint are proven, plaintiff has a reasonable 21 opportunity to prevail on the merits of this action against Paulsen, Nokrashy and Jone. 22 In accordance with the above, IT IS HEREBY ORDERED that: 23 1. Service is appropriate for the following defendants: Paulsen, Nokrashy & Jone; 24 2. The Clerk of the Court shall send plaintiff three USM-285 forms, one 25 summons, an instruction sheet and a copy of the complaint filed December 15, 2009. 26 \\\\\ 1 Dockets.Justia.com 3. Within twenty-eight days from the date of this order, plaintiff shall complete 1 2 the attached Notice of Submission of Documents and submit the following documents to the 3 court: 4 a. The completed Notice of Submission of Documents; 5 b. One completed summons; 6 c. Three completed USM-285 form for each defendant listed in number 1 7 above; and 8 d. Four copies of the endorsed complaint filed December 15, 2009. 9 4. Plaintiff need not attempt service on defendants and need not request waiver of 10 service. Upon receipt of the above-described documents, the court will direct the United States 11 Marshal to serve the above-named defendants pursuant to Federal Rule of Civil Procedure 4 12 without payment of costs. IT IS HEREBY RECOMMENDED that the defendant Post be dismissed from 13 14 this action. These findings and recommendations are submitted to the United States District 15 16 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 17 days after being served with these findings and recommendations, any party may file written 18 objections with the court and serve a copy on all parties. Such a document should be captioned 19 “Objections to Magistrate Judge's Findings and Recommendations.” Any reply to the objections 20 shall be served and filed within seven days after service of the objections. The parties are 21 advised that failure to file objections within the specified time may waive the right to appeal the 22 District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 23 DATED: June 4, 2010 /s/ Gregory G. Hollows 24 UNITED STATES MAGISTRATE JUDGE 25 ggh: ab ngu3465.srv 26 2 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TRI NGUYEN, Plaintiff, 11 No. CIV S-09-3465 FCD GGH P vs. 12 13 J. PAULSEN, et al., NOTICE OF SUBMISSION OF DOCUMENTS Defendants. 14 / 15 Plaintiff hereby submits the following documents in compliance with the court's 16 17 order filed : 18 1 completed summons form 19 3 completed USM-285 forms 20 4 copies of the 21 December 15, 2009 Complaint DATED: 22 23 Plaintiff 24 25 26

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.