IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
October 8, 2010
CASEY D. MAYER, PLAINTIFF,
LOUIS REDIX, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge
Plaintiff, a federal prisoner proceeding pro se, seeks relief pursuant to Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999 (1971).*fn1 By order filed on August 11, 2010, plaintiff's complaint was dismissed with leave to file an amended complaint. Plaintiff has filed an amended complaint.
The amended complaint states a cognizable claim for relief pursuant to Bivens, (analogizing 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: Dr. Louis Redix; Dr. Ross Quinn; Assistant Health Administrator Louis Sterling; Health Services Administrator Cathy Garrett; Dr. Eduardo Ferriol, Physician's Assistant Roberto Acousta.
2. The Clerk of the Court shall send plaintiff six (6) USM-285 forms, one summons, an instruction sheet and a copy of the amended complaint filed September 17, 2010 (docket # 9).
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. Seven (7) copies of the endorsed amended complaint filed September 17, 2010 (docket # 9).
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.
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 copies of the September 17, 2010 Amended Complaint