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Baker v. Cacoa

United States District Court, E.D. California

June 1, 2017

MIKE BAKER, Plaintiff,
v.
S. CACOA, et al., Defendants.

          ORDER FINDING SERVICE OF FIRST AMENDED COMPLAINT APPROPRIATE AGAINST CERTAIN DEFENDANTS, AND FORWARDING SERVICE DOCUMENTS TO PLAINTIFF FOR COMPLETION AND RETURN WITHIN THIRTY DAYS FINDINGS AND RECOMMENDATIONS RECOMMENDING DISMISSAL OF CERTAIN CLAIMS AND DEFENDANTS THIRTY-DAY DEADLINE

          BARBARA A. MCAULIFFE UNITED STATES MAGISTRATE JUDGE

         Plaintiff Mike Baker is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This matter was referred to the undersigned pursuant to 28 U.S.C. § 636(1)(B) and Local Rule 302.

         On April 20, 2017, the Court screened Plaintiff's first amended complaint pursuant to 28 U.S.C. § 1915A, and found that it stated a cognizable claim against Defendants Ponce De Leon and Vasquez for retaliation in violation of the First Amendment, and against Defendants Cacoa, Ponce De Leon, Guizar, Vasquez, Singh and Jane Doe for deliberate indifference to serious medical needs in violation of the Eighth Amendment, medical malpractice, violations of California Government Code § 845.6, and negligent infliction of emotional distress.[1] Fed.R.Civ.P. 8(a); Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009); Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007). The Court further found that Plaintiff failed to state any other cognizable claims. Plaintiff was ordered to either file a second amended complaint or notify the Court that he was willing to proceed only on the cognizable claim. (ECF No. 20.)[2]

         On May 25, 2017, Plaintiff notified the Court that he did not intend to file any second amended complaint and wished to proceed only with the cognizable claims identified by the Court. (ECF No. 22.) Thus, the Court finds it appropriate to order service of the first amended complaint on Defendants Ponce De Leon, Vazquez, Cacoa, Guizar, and Singh. The Court will further recommend the dismissal of all other claims and Defendants for the failure to state a claim, for the reasons discussed in the April 20, 2017 screening order.

         Accordingly, IT IS HEREBY ORDERED as follows:

         1. Service is appropriate for defendant:

Y. Ponce De Leon, Registered Nurse
L. Vasquez, Registered Nurse
S. Cacoa, Registered Nurse
D. Guizar, Registered Nurse
Singh, Licensed Vocational Nurse

         2. The Clerk of the Court shall send to Plaintiff five (5) USM-285 forms, five (5) summons, a Notice of Submission of Documents form, an instruction sheet and a copy of the first amended complaint, filed January 3, 2017 (ECF No. 19);

         3. Within thirty (30) days from the date of this Order, Plaintiff shall complete the attached Notice of Submission of Documents and submit the completed ...


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