The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge
Plaintiff is a state prisoner proceeding without counsel with a civil rights action pursuant to 42 U.S.C. § 1983. On December 9, 2010, the undersigned recommended that this action be dismissed based on plaintiff's failure to file an amended complaint in accordance with the order filed November 3, 2010. On December 17, 2010, plaintiff filed an amended complaint. Good cause appearing, the December 9, 2010 findings and recommendations are vacated.
The amended complaint states a potentially 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. The December 9, 2010 findings and recommendations (Dkt. No. 15) are vacated;
2. Service is appropriate for the following defendants: Morrow, Dennis, Sloan, Krause, St. Leaurant, Cull.
3. The Clerk of the Court shall send plaintiff 6 USM-285 forms, one summons, an instruction sheet and a copy of the amended complaint filed December 17, 2010.
4. 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 3 above; and
d. Seven copies of the endorsed amended complaint filed December 17, 2010.
5. 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 ...