(PC) Candler v. Stewart et al, No. 2:2017cv02436 - Document 13 (E.D. Cal. 2018)

Court Description: ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 4/25/2018 ORDERING service is appropriate for A. Huynh and J. Lebeck. The Clerk shall send plaintiff forms for service to be completed and returned within 30 days, along with the Notice of Submission. IT IS RECOMMENDED that all defendants and claims other than those described within these findings be dismissed. Referred to Judge Troy L. Nunley; Objections to F&R due within 14 days. (Yin, K)
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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 KEITH CANDLER, 12 13 14 No. 2:17-cv-2436 TLN CKD P Plaintiff, v. ORDER AND J. STEWART, et al., 15 FINDINGS AND RECOMMENDATIONS Defendants. 16 17 Plaintiff is a California prisoner proceeding pro se. The court is required to screen 18 complaints brought by prisoners seeking relief against a governmental entity or officer or 19 employee of a governmental entity. 28 U.S.C. § 1915A(a). The court screened plaintiff’s 20 original complaint on March 9, 2018. The court found that plaintiff may proceed on the 21 following claims: 22 1) Claims against defendant Lebeck for excessive force and denial of medical care arising 23 under the Eighth Amendment and a claim arising under the First Amendment for retaliating 24 against plaintiff for utilization of an inmate grievance procedure; and 25 26 27 28 2) Claim against defendant Huynh for denial of medical care arising under the Eighth Amendment. With respect to defendant Reams, Hobart and Stewart, the court found that plaintiff’s complaint does not state a claim upon which relief can be granted. 1 1 The court gave plaintiff two options: 1) either proceed only on the claims identified 2 above; or 2) attempt to cure the deficiencies with respect to other claims in an amended 3 complaint. The time allotted to plaintiff for the filing of an amended complaint has expired. 4 Accordingly, IT IS HEREBY ORDERED that: 5 1. Service is appropriate for defendants Lebeck and Huynh. 6 2. The Clerk of the Court shall send plaintiff two USM-285 forms, a 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. Two completed USM-285 form; and 13 d. Three copies of the complaint. 14 4. Plaintiff need not attempt service on defendants Lebeck and Huynh and need not 15 request waiver of service. Upon receipt of the above-described documents, the court will direct 16 the United States Marshal to serve defendants Lebeck and Huynh pursuant to Federal Rule of 17 Civil Procedure 4 without payment of costs. 18 19 IT IS HEREBY RECOMMENDED that all defendants and claims other than those described above be dismissed. 20 These findings and recommendations are submitted to the United States District Judge 21 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen after 22 being served with these findings and recommendations, plaintiff may file written objections with 23 the court. The document should be captioned “Objections to Magistrate Judge’s Findings and 24 Recommendations.” Plaintiff is advised that failure to file objections within the specified time 25 ///// 26 ///// 27 ///// 28 ///// 2 1 waives the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 2 1991). 3 Dated: April 25, 2018 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 4 5 6 7 8 9 1 cand2436.1 10 11 12 13 14 15 16 17 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 KEITH CANDLER, 12 13 14 No. 2:17-cv-2436 TLN CKD P Plaintiff, v. NOTICE OF SUBMISSION J. STEWART, et al., 15 OF DOCUMENTS Defendants. 16 17 18 Plaintiff 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 ___________________ Complaint 22 23 DATED: 24 ____________________ Plaintiff 25 26 _______________________________ 27 28 1