Opinion
No. CIV S-05-1669 DFL KJM P.
May 7, 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 amended complaint was dismissed with leave to file a second amended complaint. Plaintiff has now filed an amended complaint.
The second amended complaint states a cognizable claim under the Equal Protection Clause of the Fourteenth Amendment pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 1915A(b) against defendant Kernan. Therefore, the court will order service of process on defendant Kernan. With respect to the other claims identified in plaintiff's second amended complaint, the 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 defendant Kernan.
2. The Clerk of the Court shall send plaintiff one USM-285 form, one summons, an instruction sheet and a copy of the second amended complaint filed December 6, 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; and
d. Two copies of the endorsed second amended complaint filed December 6, 2006.
4. Plaintiff need not attempt service on defendant Kernan and need not request waiver of service. Upon receipt of the above-described documents, the court will direct the United States Marshal to serve defendant Kernan pursuant to Federal Rule of Civil Procedure 4 without payment of costs.