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Willis v. Martinez

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


February 27, 2009

ROSS WILLIS, PLAINTIFF,
v.
KELLEY MARTINEZ, ET AL., DEFENDANTS.

The opinion of the court was delivered by: James L. Robart United States District Judge

ORDER

Plaintiff Ross Willis is a prisoner proceeding pro se and in forma pauperis with a civil rights action pursuant to 42 U.S.C. § 1983. By order of February 12, 2009 (Dkt. # 7), the court granted Plaintiff's application to proceed in forma pauperis. Having reviewed the complaint in this matter, the court concludes that Plaintiff has alleged a cognizable claim for relief pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 1915A. If the allegations of the complaint are proven, Plaintiff has a reasonable opportunity to prevail on the merits of this action.

Therefore, in accordance with the above and good cause appearing, IT IS HEREBY ORDERED that:

1. Service is appropriate for the following defendants: (a) Kelley Martinez; and (b) Dr. Galloway.

2. The Clerk of the Court shall send Plaintiff two USM-285 forms, one summons, an instruction sheet, and a copy of the complaint filed on May 1, 2008 (Dkt. # 1).

3. Within 30 days from the date of this order, Plaintiff shall complete the attached Notice of Submission of Documents and submit the following documents to the court:

a. The completed Notice of Submission of Documents;

b. One completed summons;

c. One completed USM-285 form for each defendant listed in number 1 above; and

d. Three copies of the endorsed complaint filed on May 1, 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.

ORDER

Plaintiff Ross Willis hereby submits the following documents in compliance with the court's order filed on February 27, 2009:

completed summons form

completed USM-285 forms

copies of the complaint

DATED:

Plaintiff

20090227

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