IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
June 22, 2012
RALPH E. GLYNN, PLAINTIFF,
CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge
Plaintiff is a state prisoner proceeding without counsel. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983, the Americans with Disabilities Act ("ADA") and the Rehabilitation Act ("RA").
On January 4, 2012, the undersigned issued an order screening plaintiff's complaint. The undersigned dismissed all claims but for plaintiff's Equal Protection claim against defendant Rolon. Plaintiff was granted thirty days to file an amended complaint. On March 19, 2012, plaintiff was granted an additional thirty days to file an amended complaint. Thirty days passed and plaintiff did not file an amended complaint. On May 9, 2012, the undersigned recommended that this action be dismissed.
Because plaintiff stated a potentially colorable claim against defendant Rolon, the May 9, 2012 findings and recommendations were issued in error. Accordingly, the May 9, 2012 findings and recommendations are vacated, and plaintiff is directed to submit the forms necessary for service of defendant Rolon.
In accordance with the above, IT IS HEREBY ORDERED that:
1. The May 9, 2012 finding and recommendations (Dkt. No. 16) are vacated;
2. Service is appropriate for the following defendants: Rolon.
3. The Clerk of the Court shall send plaintiff 1USM-285 form, one summons, an instruction sheet and a copy of the complaint filed November 30, 2011.
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. Two copies of the endorsed complaint filed November 30, 2011.
5. Plaintiff need not attempt service on defendant 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 defendant pursuant to Federal Rule of Civil Procedure 4 without payment of costs.
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA RALPH E. GLYNN, Plaintiff, v. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al., NOTICE OF SUBMISSION Defendants. OF DOCUMENTS
No. 2: 11-cv-3165 LKK KJN P
Plaintiff hereby submits the following documents in compliance with the court's order filed
1 completed summons form
1 completed USM-285 form
2 copies of the November 30, 2011
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