The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge
ORDER FINDINGS AND RECOMMENDATIONS
Plaintiff is a state prisoner proceeding pro se and in forma pauperis with an action filed pursuant to 42 U.S.C. § 1983. By Order, filed October 8, 2010, certain defendants and claims were dismissed from plaintiff's first amended complaint with leave to file a second amended complaint. Plaintiff was informed that upon the filing of a second amended complaint or expiration of time therefor, the court would make further orders for service of process upon some or all defendants. Plaintiff has elected not to file a second amended complaint and the time for doing so has expired.
As was stated in the preceding order, a colorable claim for relief against defendants Sergeant Curry; Correctional Officer (C/O) Douchow; C/O Vasquez; Correctional Counselor (CC) I Johnston; Appeal Coordinator Casey; Dr. Lee; Registered Nurse (RN) Pete; RN Diana O'Laughlin; Captain Hayward, pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 1915A(b) was stated within the (first amended) complaint.
However, as to plaintiff's claims against defendants Prunity, Haworth, Dunlap, Quarte, Tennison, Bickford, and Barker, the court now recommends they be dismissed from this action, as well as any claim of conspiracy against defendants Johnston and Hayward, for the reasons discussed in the Order, filed on October 8, 2010.
In accordance with the above, IT IS HEREBY ORDERED that:
1. Service is appropriate for the following defendants: Sergeant Curry; C/O Douchow; C/O Vasquez; CC I Johnston; Appeal Coordinator Casey; Dr. Lee; RN Pete; RN Diana O'Laughlin; Captain Hayward.
2. The Clerk of the Court shall send plaintiff nine (9) USM-285 forms, one summons, an instruction sheet and a copy of the amended complaint filed September 2, 2010 (docket # 11).
3. Within twenty-eight 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. Ten (10) copies of the endorsed amended complaint filed September 2, 2010 (docket # 11)..
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.
IT IS RECOMMENDED that defendants Prunity, Haworth, Dunlap, Quarte, Tennison, Bickford, Barker, and any claim of conspiracy against ...