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Castillo v. Solano County Jail

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


April 28, 2009

REYNALDO JOSHUA CASTILLO, PLAINTIFF,
v.
SOLANO COUNTY JAIL, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

Plaintiff is a state prisoner proceeding pro se and in forma pauperis with an action filed pursuant to 42 U.S.C. § 1983. By order filed January 12, 2009, plaintiff's complaint was dismissed with leave to file an amended complaint. Plaintiff has now filed an amended complaint.*fn1

The amended complaint states a cognizable claim for relief as to certain claims pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 1915A(b). If the allegations of the amended complaint are proven, plaintiff has a reasonable opportunity to prevail on the merits of this action. To the extent that plaintiff seeks to assert claims against these defendants on behalf of unnamed third parties, those claims will be dismissed in concurrently filed Findings and Recommendations, as well as plaintiff's claims as to defendant Dolan regarding an incident dating from January 13, 2009.

In accordance with the above, IT IS HEREBY ORDERED that:

1. Service is appropriate for the following defendants: Solano County Jail; Dr. Ravinder Kadevari (identified as Dr. Kadevari, Ravinder); Sheriff Gary R. Stanton; Jess Grapentine; PHA Chris Pilaczynski; Lieutenant Marsh; Sergeant Dolan.

2. The Clerk of the Court shall send plaintiff seven (7) USM-285 forms, one summons, an instruction sheet and a copy of the amended complaint filed January 28, 2009 (docket # 11).

3. Within thirty 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. Eight (8) copies of the endorsed amended complaint filed January 28, 2009 (docket # 11).

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.

NOTICE OF SUBMISSION OF DOCUMENTS

Plaintiff hereby submits the following documents in compliance with the court's order filed

1 completed summons form

7 completed USM-285 forms

8 copies of the January 28, 2009 (docket # 11)

Amended Complaint

DATED:

Plaintiff


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