IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
January 16, 2009
DONALD ACKLEY, PLAINTIFF,
D. CARROLL, ET AL., DEFENDANTS.
The opinion of the court was delivered by: William M. Wunderlich United States Magistrate Judge
ORDER FINDING COMPLAINT STATES A COLORABLE CLAIM AND DIRECTING PLAINTIFF TO COMPLETE USM 285 FORMS
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 August 11, 2003. The court has screened plaintiff's complaint pursuant to 28 U.S.C. § 1915A and finds that it appears to state cognizable claims for relief under 42 U.S.C. § 1983 against Defendant Carroll for retaliation and Defendants Blevin, Uribe and Wright for excessive force. Accordingly, it is HEREBY ORDERED that:
1. Service is appropriate for the following defendants: D. CARROLL L. BLEVIN D. URIBE WRIGHT
2. The Clerk of the Court shall send to plaintiff four USM-285 forms, four summonses, a Notice of Submission of Documents form, an instruction sheet and a copy of the complaint filed June 19, 2006.
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 each defendant listed above; and
c. Five copies of the endorsed complaint filed June 19, 2006.
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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