IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
May 18, 2009
RICK GONZALES, PLAINTIFF,
DEPT. OF MENTAL HEALTH, ET AL., DEFENDANTS.
The opinion of the court was delivered by: William M. Wunderlich United States Magistrate Judge
ORDER FINDING SERVICE OF COMPLAINT APPROPRIATE, AND FORWARDING SERVICE DOCUMENTS TO PLAINTIFF FOR COMPLETION AND RETURN WITHIN THIRTY DAYS
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 March 19, 2007. The Court screened Plaintiff's complaint pursuant to 28 U.S.C. § 1915A, and found that it states cognizable claims against Defendants Voss, Ranzaglia, Spurgeon, Robinson, Rabaut, Rogers, Walker, Martinez, Macias, Quintero, Barb and Devie for on Plaintiff's Fourth Amendment and Fourteenth Amendment conditions of confinement claims.*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:
W. T. VOSS
GARY RENZAGLIA ROCKY SPURGEON JAMES ROBINSON CHUCK RABAUT SHARON ROGERS MICHAEL WALKER LATICIA MARTINEZ CONCEPCION MACIAS MARGARITA QUINTERO DR. RACHELLE BARB BARBARA DEVINE
2. The Clerk of the Court shall send Plaintiff twelve USM-285 forms, twelve summonses, a Notice of Submission of Documents form, an instruction sheet and a copy of the complaint filed March 19, 2007.
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. Thirteen copies of the endorsed complaint filed March 19, 2007.
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.