UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
September 1, 2009
TONI D. LEVINGSTON, PLAINTIFF,
CALIFORNIA DEPARTMENT CORRECTIONS & REHABILITATION, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge
ORDER FINDING SERVICE OF FIRST AMENDED COMPLAINT APPROPRIATE, AND FORWARDING SERVICE DOCUMENTS TO PLAINTIFF FOR COMPLETION AND RETURN OF WITHIN 30 DAYS
Plaintiff Toni D. Levingston ("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 initiated this action on January 28, 2009. The Court screened Plaintiff's Original Complaint on July 28, 2009 and found that it failed to state any cognizable claims. Plaintiff was given leave to file an amended complaint within 30 days.
Plaintiff filed his First Amended Complaint on August 7, 2009. The Court has screened Plaintiff's First Amended Complaint and finds that it states cognizable claims against Defendants Chavez and Rippee for use of excessive force in violation of the Eighth Amendment. See Fed. R. Civ. P. 8(a); see also Erickson v. Pardus, 551 U.S. 89, 93-94 (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: CHAVEZ RIPPEE
2. The Clerk of the Court shall send Plaintiff two (2) USM-285 forms, two (2) summonses, a Notice of Submission of Documents form, an instruction sheet and a copy of the complaint filed August 7, 2009.
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. Three (3) copies of the endorsed complaint filed August 7, 2009.
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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