(PC) Willis v. Cassey et al, No. 2:2010cv01631 - Document 13 (E.D. Cal. 2010)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 12/15/10 ORDERING service is appropriate for defendants Curry, Douchow, Vasquez, Johnston, Casey, Lee, Pete, O'Laughlin and Hayward. The clerk of the court shall send plaintiff 9 USM-285 forms, 1 summons, instruction sheet and a copy of the 09/02/10 amended complaint to be completed and returned within 28 days. Also, RECOMMENDING that defendants Prunity, Haworth, Dunlap, Quarte, Tennison, Bickford, Barker, and any claim of conspiracy against defendants Johnston and Hayward be dismissed. Referred to Judge Morrison C. England Jr. Objections due within 14 days.(Plummer, M)
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(PC) Willis v. Cassey et al Doc. 13 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARCEL WILLIS, 11 12 Plaintiff, No. CIV S-10-1631 MCE GGH P vs. 13 14 15 FOLSOM STATE PRISON MEDICAL STAFF, et al. Defendants. 16 17 ORDER & FINDINGS AND RECOMMENDATIONS / Plaintiff is a state prisoner proceeding pro se and in forma pauperis with an action 18 filed pursuant to 42 U.S.C. § 1983. By Order, filed October 8, 2010, certain defendants and 19 claims were dismissed from plaintiff’s first amended complaint with leave to file a second 20 amended complaint. Plaintiff was informed that upon the filing of a second amended complaint 21 or expiration of time therefor, the court would make further orders for service of process upon 22 some or all defendants. Plaintiff has elected not to file a second amended complaint and the time 23 for doing so has expired. 24 As was stated in the preceding order, a colorable claim for relief against 25 defendants Sergeant Curry; Correctional Officer (C/O) Douchow; C/O Vasquez; Correctional 26 Counselor (CC) I Johnston; Appeal Coordinator Casey; Dr. Lee; Registered Nurse (RN) Pete; 1 Dockets.Justia.com 1 RN Diana O’Laughlin; Captain Hayward, pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 2 1915A(b) was stated within the (first amended) complaint. 3 However, as to plaintiff’s claims against defendants Prunity, Haworth, Dunlap, 4 Quarte, Tennison, Bickford, and Barker, the court now recommends they be dismissed from this 5 action, as well as any claim of conspiracy against defendants Johnston and Hayward, for the 6 reasons discussed in the Order, filed on October 8, 2010. 7 In accordance with the above, IT IS HEREBY ORDERED that: 8 1. Service is appropriate for the following defendants: Sergeant Curry; C/O 9 Douchow; C/O Vasquez; CC I Johnston; Appeal Coordinator Casey; Dr. Lee; RN Pete; RN 10 Diana O’Laughlin; Captain Hayward. 11 2. The Clerk of the Court shall send plaintiff nine (9) USM-285 forms, one 12 summons, an instruction sheet and a copy of the amended complaint filed September 2, 2010 13 (docket # 11). 14 3. Within twenty-eight days from the date of this order, plaintiff shall complete 15 the attached Notice of Submission of Documents and submit the following documents to the 16 court: 17 a. The completed Notice of Submission of Documents; 18 b. One completed summons; 19 c. One completed USM-285 form for each defendant listed in number 1 20 above; and 21 d. Ten (10) copies of the endorsed amended complaint filed September 2, 22 2010 (docket # 11).. 23 4. Plaintiff need not attempt service on defendants and need not request waiver of 24 service. Upon receipt of the above-described documents, the court will direct the United States 25 Marshal to serve the above-named defendants pursuant to Federal Rule of Civil Procedure 4 26 without payment of costs. 2 1 IT IS RECOMMENDED that defendants Prunity, Haworth, Dunlap, Quarte, 2 Tennison, Bickford, Barker, and any claim of conspiracy against defendants Johnston and 3 Hayward, be dismissed. 4 These findings and recommendations are submitted to the United States District 5 Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen 6 days after being served with these findings and recommendations, plaintiff may file written 7 objections with the court. Such a document should be captioned “Objections to Magistrate 8 Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections 9 within the specified time may waive the right to appeal the District Court's order. Martinez v. 10 Ylst, 951 F.2d 1153 (9th Cir. 1991). 11 DATED: December 15, 2010 12 /s/ Gregory G. Hollows 13 UNITED STATES MAGISTRATE JUDGE 14 GGH:009 will1631.1am+ 15 16 17 18 19 20 21 22 23 24 25 26 3 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARCEL WILLIS, 11 12 13 Plaintiff, No. CIV S-10-1631 MCE GGH P vs. FOLSOM STATE PRISON MEDICAL STAFF, et al. NOTICE OF SUBMISSION 14 Defendants. OF DOCUMENTS 15 / 16 Plaintiff hereby submits the following documents in compliance with the court's 17 order filed : 18 1 completed summons form 9 completed USM-285 forms 10 copies of the September 2, 2010 Amended Complaint 19 20 21 DATED: 22 23 24 25 26 Plaintiff