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Brown v. Fambrough

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


October 20, 2009

THORNELL BROWN, PLAINTIFF,
v.
JAWAYNE FAMBROUGH, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

ORDER FINDING SERVICE OF COMPLAINT APPROPRIATE AND FORWARDING DOCUMENTS TO PLAINTIFF

(Doc. 1)

Thornell Brown ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983.

Plaintiff filed his complaint on March 30, 2009. The Court screened Plaintiff's complaint pursuant to 28 U.S.C. § 1915A and finds that it states cognizable claims for relief under§ 1983 against Defendants Fambrough, Garcia, Copeland, Vasquez, Yates, Amoako, Gonzales, Whitehead, Peacock, and Hays for violation of the Eighth Amendment.*fn1

Accordingly, IT IS HEREBY ORDERED that:

1. Service is appropriate for defendants C/O JAWAYNE FAMBROUGH C/O JOE GARCIA C/O JACKSON COPELAND C/O FELIX VASQUEZ C/O JOSE GONZALES C/O V. YATES C/O STEPHAINE AMOAKO SERGEANT JEROME PEACOCK SERGEANT C. HAYS LIEUTENANT JOHN WHITEHEAD

2. The Clerk of the Court shall send Plaintiff ten (10) USM-285 forms, ten (10) summons, a Notice of Submission of Documents form, an instruction sheet and a copy of the complaint filed March 30, 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 the defendant listed above; and

c. Eleven (11) copies of the endorsed complaint filed March 30, 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 dismissal of this action.

IT IS SO ORDERED.


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