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Cato v. Dep't of Corrections

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


August 4, 2008

ANTHONY SAMUEL CATO, PLAINTIFF,
v.
DEPARTMENT OF CORRECTIONS, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge

ORDER FINDING SERVICE OF COMPLAINT APPROPRIATE AND FORWARDING SERVICE DOCUMENTS TO PLAINTIFF FOR COMPLETION AND RETURN WITHIN THIRTY DAYS

(Doc. 1)

Plaintiff Anthony Samuel Cato ("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 April 22, 2008.

The court screened plaintiff's complaint pursuant to 28 U.S.C. § 1915A and finds that it states cognizable claims for relief under section 1983 against defendants Cheema, Espinoza, Williams, and John/Jane Does for adverse conditions of confinement under the Eighth Amendment; against defendant Castro for excessive force under the Eighth Amendment; against defendant Pascua for inadequate medical care under the Eighth Amendment; against defendants Castro, Cheema, Hammon, Jorben, Kelly, C/O Martinez, Moreno, Naranjo, Singh, Wildes, Williams, and John Does for failure to protect plaintiff under the Eighth Amendment; and against defendants Adams, Auid, Barron, Carrol, Castro, Cheema, Dicks, Docanto, Dominguez, Espinoza, Flores, C/O Garcia, Hammon, Hernandez, Jamison, Jorben, Keener, Kelly, Licon, Luna, Magnas, C/O Martinez, Moore, Moreno, Mussleman, Naranjo, Parker, Perez, Payne, Pruneda, Rodriguez, Romero, Scott, Singh, Wildes, Williams, and John/Jane Does for retaliation under the First Amendment.*fn1

Plaintiff is advised that he must provide sufficient information for the Marshals to identify and locate defendants to serve them a copy of the summons and complaint. The Marshals cannot go forward with process on defendants solely identified as Doe Defendants. Also, as to defendant Carrol, plaintiff must indicate whether he refers to Mrs. Carrol or Mr. Carroll, or both, when he completed the USM-285 forms. The court will initially send plaintiff forty-one USM-285 forms, which is sufficient for one defendant Carroll and four Doe defendants. Should plaintiff require more forms, he should send a written request to the court with an explanation of why the forms are needed.

In light of the foregoing, it is HEREBY ORDERED that:

1. Service is appropriate for the following defendants: Warden Derral G. Adams Auid C/O H. Barron C/O Carrol C/O J. Castro Cheema Sgt. Dicks C/O Docanto C/O Dominguez Espinoza MTA Mr. Florez C/O Garcia C/O H. Hammon Hernandez Jamison Jorben Lt. J. A. Keener C/O Kelly C/O S. Licon Luna Magnas C/O Martinez Sgt. J. Moore Moreno Mussleman C/O Naranjo Parker MTA R. Pascua C/O J. Payne Perez Pruneda Rodriguez Romero C/O L. Scott C/O M. Singh Wildes C/O Williams John Does Jane Does

2. The Clerk of the Court shall send plaintiff forty-one (41) USM-285 forms, forty-one (41) summonses, a Notice of Submission of Documents form, an instruction sheet and a copy of the complaint filed April 22, 2008.

3. Within thirty (30) days from the date of service 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 summonses;

b. One completed USM-285 form for each defendant listed above; and

c. Forty-two (42) copies of the endorsed complaint filed April 22, 2008.

4. Plaintiff need not attempt service on defendants 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 defendants pursuant to Federal Rule of Civil Procedure 4 without payment of costs.

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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