IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
February 16, 2010
MICHAEL REED DORROUGH, PLAINTIFF,
M. RUFF, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge
ORDER AUTHORIZING SERVICE OF SECOND AMENDED COMPLAINT, AND FORWARDING SERVICE DOCUMENTS TO PLAINTIFF FOR COMPLETION AND RETURN WITHIN THIRTY DAYS (Doc. 13)
Plaintiff Michael Reed Dorrough, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 on September 12, 2008. The Court has screened Plaintiff's second amended complaint pursuant to 28 U.S.C. § 1915A and Federal Rule of Civil Procedure 8(a), and finds that it states a claim against Defendants Ruff, Fischer, Rosenkrans, and Turmezei for violation of the Due Process Clause of the Fourteenth Amendment arising from Plaintiff's gang validation without the existence of "some evidence" with an indicia of reliability supporting the decision. Bruce v. Ylst, 351 F.3d 1283, 1287 (9th Cir. 2003); Cato v. Rushen, 824 F.2d 703, 705 (9th Cir. 1987). Accordingly, it is HEREBY ORDERED that:
1. Service shall be initiated on the following defendants:
M. RUFF EVERETT W. FISCHER T. L. ROSENKRANS T. TURMEZEI
2. The Clerk of the Court shall send Plaintiff four (4) USM-285 forms, four (4) summonses, a Notice of Submission of Documents form, an instruction sheet and a copy of the second amended complaint filed August 21, 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. One completed summons for each defendant;
b. One completed USM-285 form for each defendant; and
c. Five (5) copies of the endorsed second amended complaint filed August 21, 2009.
4. Plaintiff need not attempt service on the 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.
© 1992-2010 VersusLaw Inc.