Filed: Aug. 20, 2015
Latest Update: Aug. 20, 2015
Summary: ORDER AND FINDINGS AND RECOMMENDATIONS CAROLYN K. DELANEY , Magistrate Judge . Plaintiff is a state prisoner proceeding pro se seeking relief pursuant to 42 U.S.C. 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. 636(b)(1). On June 29, 2015, plaintiff filed an amended complaint. The court has screened the 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 s
Summary: ORDER AND FINDINGS AND RECOMMENDATIONS CAROLYN K. DELANEY , Magistrate Judge . Plaintiff is a state prisoner proceeding pro se seeking relief pursuant to 42 U.S.C. 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. 636(b)(1). On June 29, 2015, plaintiff filed an amended complaint. The court has screened the 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 st..
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ORDER AND FINDINGS AND RECOMMENDATIONS
CAROLYN K. DELANEY, Magistrate Judge.
Plaintiff is a state prisoner proceeding pro se seeking relief pursuant to 42 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1).
On June 29, 2015, plaintiff filed an amended complaint. The court has screened the 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 Johnson for violation of the Eighth Amendment. He also states a viable claim against defendant Johnson for violation of the First Amendment insofar as plaintiff alleges Johnson retaliated 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 Amendment. Accordingly, the court will order service of process upon defendant Bryant.
3. With respect to plaintiff's remaining claims, plaintiff fails to state a claim upon which relief can be granted. Accordingly, the court will recommend that all defendants identified in plaintiff's amended complaint other than defendants Johnson and Bryant be dismissed.1
In accordance with the above, IT IS HEREBY ORDERED that:
1. Service is appropriate for defendant Bryant.
2. The Clerk of the Court shall send plaintiff one USM-285 form, one summons, an instruction sheet and a copy of the complaint.
3. Within thirty days from the date of this order, plaintiff shall complete the attached Notice of Submission of Documents and submit the following documents to the court:
a. The completed Notice of Submission of Documents;
b. One completed summons;
c. One completed USM-285 form; and
d. Two copies of the complaint.
4. Plaintiff need not attempt service on defendant Bryant and need not request waiver of service. Upon receipt of the above-described documents, the court will direct the United States Marshal to serve defendant Bryant pursuant to Federal Rule of Civil Procedure 4 without payment of costs.
5. Defendant Johnson shall file his response to plaintiff's amended complaint within 14 days.
IT IS HEREBY RECOMMENDED that all defendants other than defendant Johnson and Bryant be dismissed.
These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days after being served with these findings and recommendations, plaintiff may file written objections with the court. The document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Plaintiff is advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
