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 May 23, 2008, this action was stayed pending the resolution of the motion to dismiss in a previously filed, parallel case, Civil Action No. 04-1712. On November 26, 2008, while the stay was still in effect, the plaintiff filed an amended complaint. The court lifted the stay on April 6, 2009, and has now determined on the current record that the dismissal of the parallel action does not bar this action from proceeding. The court in its discretion deems the amended complaint properly filed.
The amended complaint states a cognizable claim for relief 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.
In accordance with the above, IT IS HEREBY ORDERED that:
1. Service is appropriate for: Brad Williams, Jim Chapman, R. Hill, S. Vance, S. Shannon, B. Joseph, C. Gold, R. Garcia, J. Tenseth, J. Watcher, R. Marrow, W.S. Laffitte, Mary Brockett, M. Jaffe, K. Kelly, J. Martin, and H. Stabbe.
2. The Clerk of the Court shall send plaintiff seventeen USM-285 forms, one summons, an instruction sheet and a copy of the amended complaint filed November 26, 2008.
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. Eighteen copies of the endorsed amended complaint filed November 26, 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.
NOTICE OF SUBMISSION OF DOCUMENTS
Plaintiff hereby submits the following documents in compliance with the ...