ORDER:

(1) DIRECTING CLERK TO ISSUE SUMMONS AS TO PLAINTIFF'S SECOND AMENDED COMPLAINT [ECF No. 60]

(2) DIRECTING U.S. MARSHAL SERVICE UPON DEFENDANTS A. GARCIA, R. MARIENTES, N. SCHARR AND P. COVELLO PURSUANT TO 28 U.S.C. § 1915(d) and Fed. R. Civ. P. 4(c)(3)

LINDA LOPEZ, Magistrate Judge.

Plaintiff is a state prisoner proceeding pro se and in forma pauperis who has filed this civil rights action pursuant to 42 U.S.C. § 1983 related to incidents occurring during his incarceration at Richard J. Donovan Correctional Facility.

I. Procedural History

On January 31, 2019, the Court granted in part and denied in part Defendant Paramo, Luna, Zendejas, and Crespo's Motion to Dismiss Plaintiff's First Amended Complaint ("FAC") and permitted Plaintiff to file a Second Amended Complaint ("SAC"), if any, by February 28, 2019. ECF No. 30. Plaintiff then filed various other documents entitled "evidence," requests to take judicial notice, and miscellaneous motions [see e.g., ECF Nos. 33, 36, 38], but no SAC. Therefore, on March 12, 2019, Defendants Paramo and Zendejas filed an Answer to Plaintiff's FAC. ECF No. 42.

On March 21, 2019, however, the Court granted Plaintiff's late request for an extension of time and gave him until April 18, 2019 to file his SAC. ECF No. 47. He then filed several additional motions and notices, including a response to Defendant Paramo and Zendejas' Answer, and several notices of change of address, but still no SAC. See ECF Nos. 49, 51, 52, 54, 55, 57.

Finally, on April 30, 2019, Plaintiff submitted his SAC for filing—but the Clerk referred it to chambers with a discrepancy order noting its untimeliness. ECF No. 59. While Plaintiff's SAC was submitted more than two weeks late, the Court has exercised its discretion in light of Plaintiff's pro se status and his recent transfers between prisons and directed the Clerk of the Court to file the SAC submitted by Plaintiff nunc pro tunc to the date it was received. See ECF Nos. 59, 60.1

The Court notes Plaintiff's SAC names as Defendants: D. Paramo, J. Luna, and E. Zendejas, all of whom were previously named and served as parties.2 See ECF Nos. 3 at 1-2; 60 at 1-3. It also adds four new Defendants: A. Garcia, R. Marientes, N. Scharr, and P. Covello, but it omits previously named and served Defendant C. Crespo and re-alleges no claims against him.3 See ECF Nos. 3 at 1-2; 60 at 1-3.

II. Conclusion and Orders

Accordingly, the Court Orders the following:

1. The Clerk of Court shall TERMINATE Defendant C. Crespo as a party to this matter.

2. The Clerk of Court is further DIRECTED to issue a summons as to Plaintiff's Second Amended Complaint [ECF No. 60] upon Defendants A. Garcia, R. Marientes, N. Scharr, and P. Covello and to forward it to Plaintiff along with a blank U.S. Marshal Form 285 for each of these Defendants. In addition, the Clerk will provide Plaintiff with a certified copy of this Order, certified copies of his Second Amended Complaint, and a copy of the Court's May 3, 2018 Order Granting IFP and Directing U.S. Marshal Service [ECF No. 8], so that he may serve these newly added Defendants. Upon receipt of this "IFP Package," Plaintiff must complete the Form 285s as completely and accurately as possible, include an address where each newly named Defendant may be served, pursuant to Civil Local Rule 4.1.c., and return them to the U.S. Marshal according to the instructions the Clerk provides in the letter accompanying his IFP package.

3. The U.S. Marshal is ORDERED to serve a copy of the Second Amended Complaint and summons upon Defendants A. Garcia, R. Marientes, N. Scharr, and P. Covello as directed by Plaintiff on the USM Form 285s provided to him. All costs of that service will be advanced by the United States. See 28 U.S.C. § 1915(d); Fed. R. Civ. P. 4(c)(3).

4. All Defendants, once served, are ORDERED to reply to Plaintiff's Second Amended Complaint within the time provided by the applicable provisions of Federal Rule of Civil Procedure 12(a).

5. After service has been effected by the U.S. Marshal, Plaintiff is ORDERED to serve upon Defendants, or if appearance has been entered by counsel, upon Defendants' counsel, a copy of every further pleading, motion, or other document submitted for the Court's consideration pursuant to Federal Rule of Civil Procedure 5(b). Plaintiff must include with every original document he seeks to file with the Clerk of Court, a certificate stating the manner in which a true and correct copy of that document was served on Defendants or defense counsel, and the date of service. See CivLR 5.2. Any document received by the Court which has not been properly filed with the Clerk, or which fails to include a Certificate of Service upon Defendants, may be disregarded.

6. Plaintiff need take no additional action in this case until after he has served all Defendants named in his SAC and they have an opportunity to respond.

IT IS SO ORDERED.