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Johnson v. Felker

United States District Court, Ninth Circuit

January 17, 2014

MAURICE JOHNSON, Plaintiff,
v.
TOM FELKER, et al., Defendants.

ORDER

KENDALL J. NEWMAN, Magistrate Judge.

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 December 3, 2013, plaintiff's first amended complaint was dismissed with leave to file a second amended complaint. ECF No. 19. Plaintiff has now filed an amended complaint.[1]

The amended complaint states a potentially cognizable claim for relief against defendants 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 findings and recommendations filed on January 10, 2014 (ECF No. 20), are vacated;

2. Service is appropriate for the following defendants: Matthew Cate, D. Griffith, P. Statti, D. Spangle, B. Ingwerson, J. Lewis, L. Alexander, R. Anderson, C. Aston, J. Fannon, N. Guzman, M. Lindsey, S. Look, D. McBride, B. Ramsey, and B. Wheeler.

3. The Clerk of the Court shall send plaintiff 16 USM-285 forms, one summons, an instruction sheet and a copy of the second amended complaint filed January 3, 2014 (ECF No. 21).

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 1 above; and

d. 17 copies of the endorsed second amended complaint filed January 3, 2014.

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 Federal Rule of Civil Procedure 4 without payment of costs.


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