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Carter v. Cannedy

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


November 30, 2009

RAASHAD CARTER, PLAINTIFF,
v.
L. CANNEDY, ET AL., DEFENDANTS.

The opinion of the court was delivered by: J. Clifford Wallace United States Circuit Judge

ORDER

Carter, a state prisoner proceeding pro se, has filed a civil rights action pursuant to 42 U.S.C. § 1983 and has been granted leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915.

This court is required to screen complaints brought by prisoners seeking relief against a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). Doing so here, I conclude that Carter's Amended Complaint, filed October 21, 2009, states a cognizable claim for relief pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 1915A(b). If the allegations of the Amended Complaint are proven, plaintiff has a reasonable opportunity to prevail on the merits of this action.

In accordance with the above, IT IS HEREBY ORDERED that:

1. Service is appropriate for the following defendants, as listed in the Amended Complaint: L. Cannedy, L. Cano, S. Rivas, D. Lieber, R. Mandeville, M. Reyes, R. Davis and C. Nicholls.

2. The Clerk of the Court shall send plaintiff eight (8) USM-285 forms, one summons, an instruction sheet and a copy of the Amended Complaint filed October 21, 2009.

3. Within thirty days from the date of this order, plaintiff shall complete the attached Notice of Submission of Documents and submit the following documents to the court:

a. The completed Notice of Submission of Documents;

b. One completed summons;

c. One completed USM-285 form for each defendant listed in number 1 above; and

d. Nine (9) copies of the Amended Complaint filed October 21, 2009.

4. Plaintiff need not attempt service on defendants and need not request waiver of service. Upon receipt of the above-described documents, I will direct the United States Marshal to serve the above-named defendants pursuant to Federal Rule of Civil Procedure 4 without payment of costs.

20091130

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