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Wright v. Clark

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


March 17, 2009

RAYMOND WRIGHT, PLAINTIFF,
v.
KEN CLARK, ET AL., DEFENDANTS.

The opinion of the court was delivered by: William M. Wunderlich United States Magistrate Judge

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

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 March 23, 2007. The Court screened Plaintiff's March 27, 2008, first amended complaint pursuant to 28 U.S.C. § 1915A, and found that it states cognizable claims against Defendants Lefler, Figueroa, Gonzalez, Hernandez and Rivera for interference with his right of access to the courts; Defendants Lefler, Gonzalez, Rivera, Desbit, Lima, Peterson, Pearce, Baires, Pennington, Grannis and Kernan for retaliation; and Defendants Lefler, Orozco, and Miller for violations of the Equal Protection Clause..*fn1 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:

LEFLER FIGUEROA GONZALEZ HERNANDEZ RIVERA DESBIT LIMA PETERSON PEARCE BAIRES PENNINGTON GRANNIS OROZCO MILLER KERNAN

2. The Clerk of the Court shall send Plaintiff fifteen USM-285 forms, tfifteen summonses, a Notice of Submission of Documents form, an instruction sheet and a copy of the amended complaint filed March 27, 2008.

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. Sixteen copies of the endorsed amended complaint filed March 27, 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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