(PC) Gibbs v. Peterson, et al, No. 2:2015cv00061 - Document 24 (E.D. Cal. 2015)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 08/31/15 ORDERING Service is appropriate for defendants Johnson and Prasinos. The clerk of the court shall send plaintiff 1 summons, 2 USM-285 forms, instruction sheet and a copy of the 4/17/15 second amended complaint to be completed and returned within 30 days. Also, RECOMMENDING that all defendants other than defendants Johnson and Prasinos be dismissed. Referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KENNETH GIBBS, 12 Plaintiff, 13 14 No. 2:15-cv-0061 KJM CKD P v. ORDER AND MACCOMBER, et al., 15 FINDINGS AND RECOMMENDATIONS Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with an action filed 18 pursuant to 42 U.S.C. § 1983. Before the court for screening is plaintiff’s amended complaint. 19 See 28 U.S.C. § 1915A(a). After conducting the required screening, the court finds that plaintiff 20 states viable claims arising under the Eighth Amendment against defendants Johnson and 21 Prasinos for failure to protect plaintiff from violence and against defendant Prasinos for failure to 22 provide plaintiff adequate medical care. Plaintiff’s claims with respect to the other defendants are 23 vague and fail to state a claim upon which relief can be granted. Accordingly, the court will order 24 that defendants Johnson and Prasinos be served with process and recommend that all other 25 defendants be dismissed. 26 ///// 27 ///// 28 ///// 1 1 In accordance with the above, IT IS HEREBY ORDERED that: 2 1. Service is appropriate for defendants Johnson and Prasinos. 3 2. The Clerk of the Court shall send plaintiff 2 USM-285 forms, one summons, an 4 instruction sheet and a copy of the second amended complaint filed April 17, 2015. 5 3. Within thirty days from the date of this order, plaintiff shall complete the attached 6 Notice of Submission of Documents and submit the following documents to the court: 7 a. The completed Notice of Submission of Documents; 8 b. One completed summons; 9 c. One completed USM-285 form for each defendant listed in number 1 above; 10 and 11 d. Three copies of the endorsed second amended complaint filed April 17, 2015. 12 4. Plaintiff need not attempt service on defendants and need not request waiver of service. 13 Upon receipt of the above-described documents, the court will direct the United States Marshal to 14 serve the above-named defendants pursuant to Federal Rule of Civil Procedure 4 without payment 15 of costs. 16 17 IT IS HEREBY RECOMMENDED that all defendants other than defendants Johnson and Prasinos be dismissed. 18 These findings and recommendations are submitted to the United States District Judge 19 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 20 after being served with these findings and recommendations, plaintiff may file written objections 21 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 22 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 23 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 24 (9th Cir. 1991). 25 Dated: August 31, 2015 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 26 27 28 1/gibb0061.1 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KENNETH GIBBS, 12 13 14 No. 2:15-cv-0061 KJM CKD P Plaintiff, v. NOTICE OF SUBMISSION OF DOCUMENTS MACCOMBER, et al., 15 Defendants. 16 17 18 Plaintiff hereby submits the following documents in compliance with the court's order filed _____________________ : 19 ____ completed summons form 20 ____ completed USM-285 forms 21 ____ copies of the ___________________ Amended Complaint 22 23 DATED: 24 25 26 ________________________________ Plaintiff 27 28 3

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