Gray v. California Dept of Corrections and Rehabilitation et al
Filing
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ORDER signed by Magistrate Judge Edmund F. Brennan on 11/8/2011 ORDERING that service is appropriate for defendant Dage. Plaintiff shall serve defendant Dage within 30 days. (Michel, G)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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LEON GRAY,
Plaintiff,
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No. CIV S-10-1928 EFB P
vs.
CALIFORNIA DEPT OF CORRECTIONS
AND REHABILITATION, et al.,
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Defendants.
ORDER
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/
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Leon Gray, an inmate, filed this civil rights action under 42 U.S.C. § 1983 through
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counsel. Plaintiff’s complaint concerns events alleged to have occurred while he was housed at
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Mule Creek State Prison. On April 27, 2011, the court granted defendants’ motion to dismiss,
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but granted plaintiff leave to file an amended complaint. On June 3, 2011, plaintiff filed a
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second amended complaint.
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Pursuant to 28 U.S.C. § 1915A, the court shall review “a complaint in a civil action in
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which a prisoner seeks redress from a governmental entity or officer or employee of a
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governmental entity.” 28 U.S.C. § 1915A(a). “On review, the court shall identify cognizable
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claims or dismiss the complaint, or any portion of the complaint, if the complaint (1) is frivolous,
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malicious, or fails to state a claim upon which relief may be granted; or (2) seeks monetary relief
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from a defendant who is immune from such relief.” Id. § 1915A(b).
The court finds that, for the limited purposes of § 1915A screening, the second amended
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complaint states a cognizable claim for relief against defendant Dage. Accordingly, within 30
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days of the date of this order, plaintiff shall serve defendant Dage. See Fed. R. Civ. P. 4(m) (if
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defendant is not served within 120 days after the complaint is filed, the court may order that
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service be made in a specified time). As plaintiff has already had more than adequate time to
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serve defendant Dage, failure to comply with this order will result in the case being dismissed.
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Accordingly, it is hereby ORDERED that service is appropriate for defendant Dage.
Within 30 days of the date of this order, plaintiff shall serve defendant Dage.
Dated: November 8, 2011.
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