(PC) Mack v. Bertholf, No. 2:2018cv00636 - Document 17 (E.D. Cal. 2018)

Court Description: ORDER, FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 8/28/2018 ORDERING service is appropriate for K. Bertholf. 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 claim 2 in plaintiff's 1 complaint be dismissed. Referred to Judge Morrison C. England, Jr.; Objections to F&R due within 14 days. (Yin, K)

Download PDF
(PC) Mack v. Bertholf Doc. 17 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 QUINCY MACK, 12 No. 2:18-cv-0636 MCE CKD P Plaintiff, 13 v. 14 K. BERTHOLF, 15 ORDER AND FINDINGS AND RECOMMENDATIONS Defendant. 16 Plaintiff is a state prisoner proceeding pro se and seeking relief pursuant to 42 U.S.C. § 17 18 1983. The court is required to screen complaints brought by prisoners seeking relief against a 19 governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). As 20 plaintiff was informed in the court’s July 30, 2018 order, the court conducted the required 21 screening and found that claim 1 in plaintiff’s complaint states a claim upon which relief could be 22 granted arising under the Eighth Amendment against defendant. As for claim 2, which arises 23 under California law, plaintiff was informed that he has not pled compliance with the California 24 Tort Claims Act. Plaintiff was given the option of filing an amended complaint or proceeding on 25 claim1. Plaintiff has elected to proceed on claim 1. 26 ///// 27 ///// 28 ///// 1 Dockets.Justia.com 1 In accordance with the above, IT IS HEREBY ORDERED that: 2 1. Service is appropriate for defendant Bertholf. 3 2. The Clerk of the Court shall send plaintiff a USM-285 form, a summons, an instruction 4 sheet and a copy of the complaint. 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; and 10 d. Two copies of the complaint. 11 4. Plaintiff need not attempt service on defendant and need not request waiver of service. 12 Upon receipt of the above-described documents, the court will direct the United States Marshal to 13 serve defendant pursuant to Federal Rule of Civil Procedure 4 without payment of costs. 14 IT IS HEREBY RECOMMENDED that claim 2 in plaintiff’s complaint be dismissed. 15 These findings and recommendations are submitted to the United States District Judge 16 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen after 17 being served with these findings and recommendations, plaintiff may file written objections with 18 the court. The document should be captioned “Objections to Magistrate Judge’s Findings and 19 Recommendations.” Plaintiff is advised that failure to file objections within the specified time 20 waives the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 21 1991). 22 Dated: August 28, 2018 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 23 24 25 26 1 mack0636.1(s) 27 28 2 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 QUINCY MACK, 12 No. 2:18-cv-0636 MCE CKD P Plaintiff, 13 v. 14 K. BERTHOLF, 15 NOTICE OF SUBMISSION OF DOCUMENTS Defendant. 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

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.