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Rupe v. Cate

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION


March 25, 2010

PAUL ANTHONY RUPE, PLAINTIFF,
v.
M. CATE, SECRETARY OF CORRECTIONS, ET. AL., DEFENDANTS.

The opinion of the court was delivered by: Edward F. Shea United States District Judge

ORDER REQUIRING PLAINTIFF TO SUBMIT DOCUMENTS

Before the Court is pro se state prisoner Plaintiff Paul Anthony Rupe's First Amended Complaint, alleging various constitutional and statutory violations arising from suppression of his Druid beliefs. (Ct. Rec. 51.) Under the Prisoner Litigation Reform Act of 1995, the Court is required to screen prisoner complaints seeking relief against a governmental entity or an officer or employee of a governmental entity.

28 U.S.C. § 1915A(a). Claims that are legally frivolous or malicious, claims that fail to state a claim upon which relief may be granted, and claims that seek monetary relief from a defendant who is immune from such relief are properly dismissed. Id. §§ 1915A(b)(1), (2) & 1915(e)(2).

After review, the Court finds the complaint states plausible First and Fourteenth Amendment claims under 42 U.S.C. § 1983, as well as plausible claims under the Religious Land Use and Institutionalized Persons Act of 2000, 42 U.S.C. § 2000cc-1 et. seq., and orders Plaintiff to prepare and return service documents so that the U.S. Marshals may serve the complaint on all heretofore-unserved named Defendants.

Accordingly, IT IS HEREBY ORDERED:

1. Service is appropriate for all heretofore-unserved named Defendants (J. Burkard, H. Lackner, B. Rathjen, M. Bennett, L.B. Reaves, M. Allen, R. Nakanoto, B.M. Cash, C. Fortson, J. Sebok, A. Omeira, Bowen, K. Bradford, M. Beuchter, and L. Rushing).

2. The Clerk of Court shall immediately send Plaintiff a USM-285 form for each Defendant to be served, as well as a summons, instruction sheet, and a copy of the complaint (Ct. Rec. 51).

3. Within forty-five (45) 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 paragraph 1 above; and

d. Fifteen (15) copies of the First Amended Complaint (Ct. Rec. 51).

4. Plaintiff need not attempt service on Defendants and need not request waiver of service. After receiving the above-described documents, the Court will issue a separate Order requiring the U.S. Marshals to serve each Defendant listed in paragraph 1.

5. The Court cautions Plaintiff that failing to submit the above-described documents within forty-five (45) days will be construed as permission to dismiss this lawsuit under Federal Rule of Civil Procedure 41.

IT IS SO ORDERED. The District Court Executive is directed to enter this Order and provide a copy to Plaintiff and the U.S. Marshals Service.

NOTICE OF SUBMISSION OF DOCUMENTS

Plaintiff hereby submits the following documents in compliance with the Court's Order filed

completed summons form;

completed USM-285 forms; and

copies of the complaint (Ct. Rec. 1).

DATED: ___________

Plaintiff

20100325

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