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Richardson v. Bryant

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


August 3, 2008

PATRICK L. RICHARDSON, PLAINTIFF,
v.
H. BRYANT, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

ORDER FINDING SERVICE OF SECOND AMENDED COMPLAINT APPROPRIATE AND FORWARDING SERVICE DOCUMENTS TO PLAINTIFF FOR COMPLETION AND RETURN (Doc. 85.) THIRTY DAY DEADLINE TO RETURN SERVICE DOCUMENTS TO COURT

Plaintiff Patrick L. Richardson ("plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on November 1, 1999. (Doc. 1.) The case now proceeds on the second amended complaint which was originally filed on December 13, 2004, and re-filed on July 3, 2007. (Court Doc. 85.) The court screened plaintiff's second amended complaint pursuant to 28 U.S.C. § 1915A and finds that it states a cognizable claim for relief under section 1983 against defendant Captain D. Ortiz for denial of access to the courts.*fn1 Lewis v. Casey, 518 U.S. 343 (1996); Christopher v. Harbury, 536 U.S. 403 (2002); Cornett v. Donovan, 51 F.3d 894 (9th Cir. 1995).

Accordingly, it is HEREBY ORDERED that:

1. Service is appropriate for defendant CAPTAIN D. ORTIZ only;

2. The Clerk of the Court shall send plaintiff one (1) USM-285 form, one (1) summons, a Notice of Submission of Documents form, an instruction sheet and a copy of the second amended complaint originally filed on December 13, 2004 and re-filed on July 3, 2007 (Doc, 85.);

3. Within thirty (30) days from the date of this order, plaintiff shall complete the attached Notice of Submission of Documents and submit the completed Notice to the court with the following documents:

a. Completed summons;

b. One completed USM-285 form for defendant CAPTAIN D. ORTIZ; and

c. Two (2) copies of the endorsed second amended complaint originally filed on December 13, 2004 and re-filed on July 3, 2007;

4. Plaintiff need not attempt service on defendant and need not request waiver of service. Upon receipt of the above-described documents, the court will direct the United States Marshal to serve the above-named defendant pursuant to Federal Rule of Civil Procedure 4 without payment of costs; and

5. The failure to comply with this order will result in a recommendation that this action be dismissed.

IT IS SO ORDERED.


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