UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
January 31, 2011
CANDY Q. MOORE,
CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, SERVICE ET AL., DEFENDANTS.
The opinion of the court was delivered by: Sandra M. Snyder United States Magistrate Judge
ORDER FINDING SERVICE OF AMENDED
COMPLAINT APPROPRIATE, DIRECTING PLAINTIFF TO CORRECT CAPTION,
SETTING FORTH PROCEDURE FOR OF DEFENDANTS
On August 12, 2010, Plaintiff Candy Q. Moore, proceeding pro se and in
forma pauperis, filed an amended complaint alleging employment
discrimination, retaliation, wrongful termination, and hostile work
environment under Title VII of 42 U.S.C. § 1981 and the Fair
Employment and Housing Act (California Government Code §§ 12900 et
seq.). This Court has screened Plaintiff's amended complaint and
concludes that the complaint, although in artfully drafted,*fn1
states claims against Defendants. The Court further notes
that the caption of the amended complaint fails to list the names of the individual Defendants
named in the body of the complaint.
Accordingly, it is HEREBY ORDERED that:
1. Within fourteen (14) days of this order, Plaintiff shall amend the caption of the complaint to include all individual Defendants named in the amended complaint, specifically Tina Hornbeck, Walter Miller, Gloria Colmenaro, Dr. Daun Martin, Judy Tucker, Marihelen Alfonso, Curtis Mangram, Charles Funch, Charline Chapa, and John Doe I ("Gus") (as well as Defendants California Department of Corrections and Rehabilitation and Supplemental Health Care, Inc., which are already named in the amended complaint) and shall file her corrected amended complaint with the Clerk of Court.
2. Following amendment of the caption and filing of the corrected amended complaint, service shall be initiated on the following defendants, as set forth in paragraphs 3-5 below:
California Department of Corrections and Rehabilitation Supplemental Health Care, Inc.
Tina Hornbeck Walter Miller Gloria Colmenaro Dr. Daun Martin Judy Tucker Marihelen Alfonso Curtis Mangram Charles Funch Charline Chapa John Doe I ("Gus").
3. Following the filing of the corrected amended complaint, the Clerk of the Court shall send Plaintiff twelve (12) USM-285 forms, twelve (12) summonses, a Notice of Submission of Documents form, an instruction sheet and a copy of the corrected amended complaint as filed by Plaintiff pursuant to this Order.
4. Within thirty (30) days of the date on which the Clerk of Court mails to Plaintiff the materials listed in paragraph 3, 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 listed above;
b. One completed USM-285 form for each defendant listed above; and
c. Thirteen (13) copies of the endorsed corrected amended complaint.
5. Plaintiff should not attempt service on the defendants and should not request waiver of service. Upon receipt of the documents set forth in paragraph 4, 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.
6. The failure to comply with this order will result in dismissal of this action.
IT IS SO ORDERED.