Filed: Jul. 10, 2018
Latest Update: Jul. 10, 2018
Summary: ORDER FINDING SERVICE OF FIRST AMENDED COMPLAINT APPROPRIATE AS TO CERTAIN CLAIMS AND DEFENDANTS ORDER SETTING DEADLINE FOR ANSWER TO FIRST AMENDED COMPLAINT (ECF Nos. 32, 66) STANLEY A. BOONE , Magistrate Judge . Plaintiff Delbert J. Smith is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. 1983. This matter was referred to a United States magistrate judge pursuant to 28 U.S.C. 636(1)(B) and Local Rule 302. This action previously proceeded
Summary: ORDER FINDING SERVICE OF FIRST AMENDED COMPLAINT APPROPRIATE AS TO CERTAIN CLAIMS AND DEFENDANTS ORDER SETTING DEADLINE FOR ANSWER TO FIRST AMENDED COMPLAINT (ECF Nos. 32, 66) STANLEY A. BOONE , Magistrate Judge . Plaintiff Delbert J. Smith is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. 1983. This matter was referred to a United States magistrate judge pursuant to 28 U.S.C. 636(1)(B) and Local Rule 302. This action previously proceeded o..
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ORDER FINDING SERVICE OF FIRST AMENDED COMPLAINT APPROPRIATE AS TO CERTAIN CLAIMS AND DEFENDANTS
ORDER SETTING DEADLINE FOR ANSWER TO FIRST AMENDED COMPLAINT (ECF Nos. 32, 66)
STANLEY A. BOONE, Magistrate Judge.
Plaintiff Delbert J. Smith is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This matter was referred to a United States magistrate judge pursuant to 28 U.S.C. § 636(1)(B) and Local Rule 302.
This action previously proceeded on Plaintiff's complaint against Defendants Hernandez, Cramer, and Zuniga for excessive force in violation of the Eighth Amendment. (ECF No. 1.) Defendants filed an answer on January 31, 2017. (ECF No. 16.) The Court issued a discovery and scheduling order on February 1, 2017. (ECF No. 17.)
On August 3, 2017, Plaintiff filed a first amended complaint. (ECF No. 32.) On November 9, 2017, the Court screened the first amended complaint, and issued findings and recommendations to dismiss certain claims and Defendants. (ECF No. 43.)
On March 2, 2018, the Court reassigned this case to a new District Judge. (ECF No. 56.) On July 9, 2018, the District Judge ruled that this action shall proceed against Defendants Hernandez, Flores-Alvarenga, Zuniga, and Cramer for excessive force in violation of the Eighth Amendment and retaliation in violation of the First Amendment, and against Defendant Hernandez for deliberate indifference to Plaintiff's serious medical needs in violation of the Eighth Amendment.
Defendants Hernandez, Zuniga, and Cramer have already been served and appeared in this action, and therefore a deadline must be set for them to respond to the current first amended complaint upon which this case now proceeds. Defendant Flores-Alvarenga is a new party to this action, and therefore the Court finds it necessary to initiate service of process on that defendant.
Accordingly, the Court HEREBY ORDERS as follows:
1. Defendants Hernandez, Zuniga, and Cramer shall file a response to Plaintiff's first amended complaint, on or before July 24, 2018;
2. Service shall be initiated against Correctional Officer Flores-Alvarenga, employed at California Correctional Institute, Tehachapi, at Housing Unit 6B, A-Yard, on March 1, 2016;
6. Plaintiff is warned that his failure to comply with this order will result in a recommendation to dismiss any unserved defendant from this action.
IT IS SO ORDERED.
INSTRUCTIONS FOR COMPLETING FORM USM-285
After the court has issued an order granting your application to proceed without prepayment of fees and directing that service of process be made by the United States Marshal, you must complete an original USM-285 form for each individual defendant named in your action.
1. PLAINTIFF: Print your name.
2. COURT CASE NUMBER: Print the complete case number listed on your complaint.
3. DEFENDANT: Print the name of one defendant on each separate form.
4. TYPE OF PROCESS: Print "Summons and Complaint."
5. SERVE AT: Enter the name and address for service of one defendant on each individual USM-285 form.
6. SEND NOTICE OF SERVICE TO REQUESTER AT: Enter your name and mailing address.
7. NUMBER OF PROCESS TO BE SERVED WITH THIS FORM — 285: 1.
8. NUMBER OF PARTIES TO BE SERVED IN THIS CASE: Enter the number of defendants you have named in your suit.
9. CHECK FOR SERVICE ON U.S.A.: Check ONLY if the defendant listed on the form is an entity of the U.S. Government.
10. Sign and date the form, check the box marked "PLAINTIFF" and enter your telephone number (if one is available).
[] If you are the plaintiff and are currently incarcerated, you must return the completed USM-285 forms to the Clerk's Office at 2500 Tulare Street, Room 1501, Fresno, CA 93721, together with the following:
1. An original Summons for each defendant to be served;
2. A file-endorsed copy of the complaint to be served on each individual defendant;
3. One copy of the complaint for the U.S. Marshal's file.
4. The completed "Notice of Submission of Documents" form enclosed herewith.
PLEASE NOTE that only the defendants against whom the court has determined you have a cognizable claim will be served.
NOTICE OF SUBMISSION OF DOCUMENTS
Plaintiff hereby submits the following documents in compliance with the court's order filed __________________.
______ completed USM-285 forms
______ copies of the complaint/amended complaint
______ completed Summons forms
DATED:_______________ _________________________________
Signature of Plaintiff/Petitioner
