(PC) Blunt v. Johnson, et al., No. 2:2015cv00412 - Document 24 (E.D. Cal. 2015)

Court Description: ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 8/20/2015 ORDERING that service is appropriate for defendant Bryant. The Clerk shall send plaintiff forms for service to be completed and returned within 30 da ys, along with the Notice of Submission. Defendant Johnson shall file a response to plaintiff's 20 amended complaint within 14 days. IT IS RECOMMENDED that all defendants other than defendant Johnson and Bryant be dismissed. Referred to Judge William B. Shubb; Objections to the findings and recommendations due within 14 days. (Yin, K)

Download PDF

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JIMMY BLUNT, 12 Plaintiff, 13 14 No. 2:15-cv-0412 WBS CKD P v. ORDER AND J.S. JOHNSON, et al., 15 FINDINGS AND RECOMMENDATIONS Defendants. 16 Plaintiff is a state prisoner proceeding pro se seeking relief pursuant to 42 U.S.C. § 1983. 17 18 This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1). 19 On June 29, 2015, plaintiff filed an amended complaint. The court has screened the 20 amended complaint as it is required to do under 28 U.S.C. § 1915A(a) and finds as follows: 1. As he did in his original complaint, plaintiff states a viable claim against defendant 21 22 Johnson for violation of the Eighth Amendment. He also states a viable claim against defendant 23 Johnson for violation of the First Amendment insofar as plaintiff alleges Johnson retaliated 24 against plaintiff for plaintiff’s submission of a prisoner grievance. 2. Plaintiff’s states a viable claim against defendant Bryant for violation of the Eighth 25 26 Amendment. Accordingly, the court will order service of process upon defendant Bryant. 27 ///// 28 ///// 1 3. With respect to plaintiff’s remaining claims, plaintiff fails to state a claim upon which 1 2 relief can be granted. Accordingly, the court will recommend that all defendants identified in 3 plaintiff’s amended complaint other than defendants Johnson and Bryant be dismissed.1 4 In accordance with the above, IT IS HEREBY ORDERED that: 5 1. Service is appropriate for defendant Bryant. 6 2. The Clerk of the Court shall send plaintiff one USM-285 form, one summons, an 7 instruction sheet and a copy of the complaint. 8 3. Within thirty days from the date of this order, plaintiff shall complete the attached 9 Notice of Submission of Documents and submit the following documents to the court: 10 a. The completed Notice of Submission of Documents; 11 b. One completed summons; 12 c. One completed USM-285 form; and 13 d. Two copies of the complaint. 14 4. Plaintiff need not attempt service on defendant Bryant and need not request waiver of 15 service. Upon receipt of the above-described documents, the court will direct the United States 16 Marshal to serve defendant Bryant pursuant to Federal Rule of Civil Procedure 4 without 17 payment of costs. 5. Defendant Johnson shall file his response to plaintiff’s amended complaint within 14 18 19 days. 20 ///// 21 ///// 22 ///// 23 24 25 26 27 28 1 With respect to the remaining defendants, plaintiff fails to point to any actionable injury. For example, he makes allegations about certain defendants’ conduct during prisoner disciplinary proceedings. However, plaintiff was found not guilty of the charges alleged. Also, he complains that he was forced to serve brief stays in segregated housing. However, other than plaintiff’s claim that he was assigned to segregated housing as a result of the actions of defendant Johnson in retaliation for exercise of his First Amendment rights, he fails to state a claim upon which relief can be granted as plaintiff fails to point to facts indicating that he suffered “atypical and significant hardship” “in relation to the ordinary incidents of prison life” while in segregated housing. See Sandin v. Conner 515 U.S. 472, 484 (1995). 2 1 2 IT IS HEREBY RECOMMENDED that all defendants other than defendant Johnson and Bryant be dismissed. 3 These findings and recommendations are submitted to the United States District Judge 4 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 5 after being served with these findings and recommendations, plaintiff may file written objections 6 with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 7 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 8 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 9 (9th Cir. 1991). 10 Dated: August 20, 2015 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 1 blun0412.1a 18 19 20 21 22 23 24 25 26 27 28 3 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JIMMY BLUNT 12 13 14 No. 2:15-cv-0412 WBS CKD P Plaintiff, v. NOTICE OF SUBMISSION OF DOCUMENTS J.S. JOHNSON, 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 27 ________________________________ 28 Plaintiff 4

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.