Opinion
2:22-cv-2313 CKD P
03-28-2023
MICHAEL ERNEST MITCHUM, JR., Plaintiff, v. KORY HONEA, et al., Defendants.
ORDER AND FINDINGS AND RECOMMENDATIONS
CAROLYN K. DELANEY, UNITED STATES MAGISTRATE JUDGE
Plaintiff is a Butte County Jail prisoner proceeding pro se with civil action. On March 6, 2023, the court screened plaintiff's complaint as the court is required to do under 28 U.S.C. § 1915A(a). The court gave plaintiff two options: (1) proceed on a claim arising under the Americans with Disabilities Act (ADA) against defendant Butte County based upon plaintiff's allegations that he suffered injuries as a result of a lack of handrails near toilets and showers; or (2) seek leave to file an amended complaint in an attempt to cure deficiencies in the original complaint concerning other claims and defendants. Plaintiff has indicated he wishes to proceed on the claim described above.
Accordingly, IT IS HEREBY ORDERED that:
1. Service is appropriate for defendant Butte County.
2. The Clerk of the Court shall send plaintiff a USM-285 form, a summons, an instruction sheet, and a copy of the complaint.
3. 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; and
d. Two copies of the complaint.
4. 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.
5. The Clerk of the Court assign a district court judge to this case.
IT IS HEREBY RECOMMENDED that all claims and defendants except for a claim arising under the Americans with Disabilities Act (ADA) against defendant Butte County based upon plaintiff's allegations that he suffered injuries as a result of a lack of handrails near toilets and showers be dismissed.
These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days after being served with these findings and recommendations, plaintiff may file written objections with the court. The document should be captioned “Objections to Magistrate Judge's Findings and Recommendations.” Plaintiff is advised that failure to file objections within the specified time waives the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
NOTICE OF SUBMISSION OF DOCUMENTS
Plaintiff submits the following documents in compliance with the court's order filed ___:
___completed summons form
___completed USM-285 forms
___copies of the Complaint