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K'Napp v. Adams

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


August 18, 2009

ERIC CHARLES RODNEY K'NAPP, PLAINTIFF,
v.
D. G. ADAMS, ET AL., DEFENDANTS.

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

ORDER FINDING SERVICE OF COMPLAINT APPROPRIATE, AND FORWARDING SERVICE DOCUMENTS TO PLAINTIFF FOR COMPLETION AND RETURN WITHIN THIRTY DAYS

(Doc. 16)

Plaintiff Eric Charles Rodney K'napp ("Plaintiff") 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 November 22, 2006. (Doc. 1.) On December 11, 2006, plaintiff filed the first amended complaint. (Doc. 9.) The Court screened the first amended complaint pursuant to 28 U.S.C. § 1915A and issued an order on October 17, 2008, requiring plaintiff to either file a second amended complaint or notify the Court of his willingness to proceed on the claims found cognizable by the Court. (Doc. 15.) On November 13, 2008, plaintiff filed the second amended complaint. (Doc. 16.) The Court screened the second amended complaint pursuant to 28 U.S.C. § 1915A and dismissed certain claims and defendants, based on plaintiff's failure to state a claim. (Docs. 23, 29.) This action now proceeds on Plaintiff's second amended complaint filed November 13, 2008, against Defendants Pugliese, Smith, Motty, Guerrero, Meaders, Johnson, Adams, Cuevas, Tucker, Sherman, Selvy, and Does 1-5 for retaliating against Plaintiff, and Defendants Motty, Pugliese, Smith, Guerrero, Cooper, Garcia, Hall, and Does 1-5 for interfering with his right to send mail in violation of the First Amendment. 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: SERGEANT C. PUGLIESE LIEUTENANT E. SMITH K. MOTTY R. GUERRERO K. MEADERS CAPTAIN D. CUEVAS WARDEN DERRAL G. ADAMS CORRECTIONAL OFFICER B. JOHNSON LIEUTENANT J. T. TUCKER ASSOCIATE WARDEN S. SHERMAN D. SELVY APPEALS COORDINATOR C. L. COOPER APPEALS COORDINATOR V. R. GARCIA APPEALS COORDINATOR R. HALL DOES 1-5*fn1

2. The Clerk of the Court shall send Plaintiff fourteen (14) USM-285 forms, fourteen (14) summonses, a Notice of Submission of Documents form, an instruction sheet and a copy of the second amended complaint filed November 13, 2008 (Doc. 16).

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 summonses;

b. One completed USM-285 form for each defendant listed above; and

c. Fifteen (15) copies of the endorsed second amended complaint filed November 13, 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.

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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