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Adams v. Subia

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


June 24, 2009

ALVAN A. ADAMS, PLAINTIFF,
v.
R. SUBIA, ET AL., DEFENDANTS.

ORDER

Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. On March 4, 2009, the court permitted plaintiff to file an amended complaint. On May 5, 2009, plaintiff filed a fourth amended complaint.

The court finds that, for the limited purposes of § 1915A screening, the amended complaint states a cognizable claim against defendant Shirley for violating plaintiff's Eighth Amendment rights as well as a cognizable claim against defendant Montanez for violating plaintiff's First Amendment rights. See 42 U.S.C. § 1983.

Accordingly, it hereby is ordered that:

1. Service is appropriate for defendants Shirley and Montanez.

2. The Clerk of the Court shall send plaintiff two USM-285 forms, one summons, an instruction sheet and one copy of the May 5, 2009 pleading.

3. Within 30 days from service of this order, plaintiff shall complete the attached Notice of Submission of Documents and submit it to the court with the completed summons and USM-285 forms and three copies of the endorsed May 5, 2009 pleading.

4. Upon receipt of the necessary materials, the court will direct the United States Marshal to serve defendants Shirley and Montanez pursuant to Federal Rule of Civil Procedure 4 without payment of costs. Failure to comply with this order will result in a recommendation that this action be dismissed.

NOTICE OF SUBMISSION OF DOCUMENTS

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

1 completed summons form

2 completed forms USM-285

3 copies of the May 5, 2009 Fourth Amended Complaint

20090624

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