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Colon v. Clair

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


May 28, 2009

GILBERT COLON, PLAINTIFF,
v.
DR. ST. CLAIR, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

ORDER AUTHORIZING SERVICE OF AMENDED COMPLAINT, AND REQUIRING PLAINTIFF TO COMPLETE AND RETURN SERVICE DOCUMENTS WITHIN THIRTY DAYS (Doc. 13)

Plaintiff Gilbert Colon 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 June 28, 2007. Pursuant to the Court's screening order filed on May 27, 2009, this action is proceeding as one for damages on Plaintiff's amended complaint, filed June 5, 2008, against Defendants Peterson, Thomatos, Witwer, Greenbough, and Sydenstricker for violation of the Eighth Amendment arising out of medical care issues.*fn1 Fed. R. Civ. P. 8(a); Erickson v. Pardus, 551 U.S. 89, 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 shall be initiated on the following defendants: DR. PETERSON, DR. THOMATOS, DR. WITWER, DR. GREENBOUGH, DR. SYDENSTRICKER.

2. The Clerk of the Court shall send Plaintiff five (5) USM-285 forms, five (5) summonses, a Notice of Submission of Documents form, an instruction sheet and a copy of the amended complaint filed June 5, 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. Six (6) copies of the endorsed amended complaint filed June 5, 2008.

4. Plaintiff need not attempt service on the 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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