Opinion
No. CIV S-05-2503 DFL KJM P.
May 1, 2007
ORDER
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 September 28, 2006, plaintiff's was granted leave to file a fourth amended complaint. Plaintiff filed his fourth amended complaint on November 20, 2006.
Plaintiff titled his complaint "third amended complaint."
The fourth amended complaint states cognizable Eighth Amendment claims pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 1915A(b) against defendants Bolls and Norlan. Therefore, the court will order service of process upon these defendants. With respect to the other claims and defendants identified in plaintiff's fourth amended complaint, plaintiff's fourth amended complaint fails to state a claim upon which relief can be granted.
In accordance with the above, IT IS HEREBY ORDERED that:
1. Service is appropriate for the following defendants: Bolls and Norlan.
2. The Clerk of the Court shall send plaintiff two USM-285 forms, one summons, an instruction sheet and a copy of the fourth amended complaint filed November 20, 2006.
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 for each defendant listed in number 1 above; and
d. Three copies of the endorsed fourth amended complaint filed November 20, 2006.
4. 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.
NOTICE OF SUBMISSION OF DOCUMENTS
Plaintiff hereby submits the following documents in compliance with the court's order filed _____________:
_____ completed summons form _____ completed USM-285 forms _____ copies of the ____________________________ Fourth Amended Complaint DATED: _________________________________ Plaintiff