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Edmonton v. Morrisey

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


February 17, 2009

KENNETH I. EDMONTON, PLAINTIFF,
v.
THERESA MORRISEY, 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 FIFTEEN DAYS (Doc. 1)

Plaintiff Kenneth I. Edmonton ("Plaintiff") is a civil detainee 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 10, 2008, and on January 13, 2009, Plaintiff filed an amended complaint as a matter of right. Fed. R. Civ. P. 15(a). The Court has screened Plaintiff's complaint pursuant to 28 U.S.C. § 1915(e)(2) and finds that it states cognizable claims for relief under section 1983 for violation of the First Amendment and the Due Process Clause of the Fourteenth Amendment. Fed. R. Civ. P. 8(a); Erickson v. Pardus, 127 S.Ct. 2197, 2200 (2007); Alvarez v. Hill, 518 F.3d 1152, 1157-58 (9th Cir. 2008). Accordingly, it is HEREBY ORDERED that:

1. Service is appropriate for the following defendants: THERESA MORISSEY DANIEL MEEKS PAM AHLIN JOSE VALENCIA WILEY

2. The Clerk of the Court shall send Plaintiff five (5) USM-285 forms, five (5) summonses, a Notice of Submission of Documents form, an instruction sheet and a copy of the amended complaint filed January 13, 2009.

3. Within fifteen (15) 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. Six (6) copies of the endorsed amended complaint filed January 13, 2009.

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.

20090217

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