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Remon Shields v. D. Foston

November 29, 2011

REMON SHIELDS, PLAINTIFF,
v.
D. FOSTON, ET AL., DEFENDANTS.



ORDER

Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1).

Although plaintiff has paid the filing fee, he is confined at California State Prison, Sacramento, and "seeks redress from a governmental entity or officer or employee of a governmental entity." 28 U.S.C. § 1915A(a). Accordingly, the court is required to review plaintiff's complaint pursuant to § 1915A. "On review, the court shall identify cognizable claims or dismiss the complaint, or any portion of the complaint, if the complaint (1) is frivolous, malicious, or fails to state a claim upon which relief may be granted; or (2) seeks monetary relief from a defendant who is immune from such relief." Id. § 1915A(b).

Plaintiff names D. Foston, P. Miller, James Walker, J.E. Mayfield, and A. Taylor as defendants. The court finds that for the limited purposes of 28 U.S.C. § 1915A screening, the complaint states potentially cognizable claims for relief against all defendants under the First Amendment and the Religious Land Use and Institutionalized Persons Act of 2000.

Accordingly, it hereby is ordered that:

1. The Clerk of the Court shall send to plaintiff a completed summons, a copy of the endorsed complaint, the Notice of Availability of a Magistrate Judge to Exercise Jurisdiction, a form for Consent/Decline to Proceed Before a United States Magistrate Judge, a copy of the Local Rules of Court, and a copy of this order.

2. Service of process shall be completed within one hundred twenty (120) days. Plaintiff is cautioned that this action or any unserved defendant may be dismissed if service of process is not accomplished within one hundred twenty (120) days from the date that the complaint is filed. See Fed. R. Civ. P. 4(m).

3. Plaintiff shall serve a copy of this order concurrently with service of process and file with the Clerk a certificate of such service.

4. On or before March 19, 2012, the parties shall file status reports*fn1 briefly describing the case and addressing the following:

a. Progress in service of process;

b. Possible joinder of additional parties;

c. Expected or desired amendment of pleadings;

d. Jurisdiction and venue;

e. Anticipated motions and their scheduling;

f. Cut-off dates for discovery (including dates for the disclosure of expert witnesses) and law and motion, and dates for ...


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