From Casetext: Smarter Legal Research

Bjorlin v. Morrow

United States District Court, Ninth Circuit, California, E.D. California
Dec 30, 2010
2:10-cv-2162 FCD KJN P (E.D. Cal. Dec. 30, 2010)

Opinion


DANIEL P. BJORLIN, Plaintiff, v. DR. MORROW, et al., Defendants. No. 2:10-cv-2162 FCD KJN P. United States District Court, E.D. California. December 30, 2010.

ORDER

KENDALL J. NEWMAN, Magistrate Judge.

Plaintiff is a state prisoner proceeding without counsel with a civil rights action pursuant to 42 U.S. C. § 1983. On December 9, 2010, the undersigned recommended that this action be dismissed based on plaintiff's failure to file an amended complaint in accordance with the order filed November 3, 2010. On December 17, 2010, plaintiff filed an amended complaint. Good cause appearing, the December 9, 2010 findings and recommendations are vacated.

The amended complaint states a potentially cognizable claim for relief 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 December 9, 2010 findings and recommendations (Dkt. No. 15) are vacated;

2. Service is appropriate for the following defendants: Morrow, Dennis, Sloan, Krause, St. Leaurant, Cull.

3. The Clerk of the Court shall send plaintiff 6 USM-285 forms, one summons, an instruction sheet and a copy of the amended complaint filed December 17, 2010.

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 3 above; and

d. Seven copies of the endorsed amended complaint filed December 17, 2010.

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.

NOTICE OF SUBMISSION OF DOCUMENTS

Plaintiff hereby submits the following documents in compliance with the court's order filed.


Summaries of

Bjorlin v. Morrow

United States District Court, Ninth Circuit, California, E.D. California
Dec 30, 2010
2:10-cv-2162 FCD KJN P (E.D. Cal. Dec. 30, 2010)
Case details for

Bjorlin v. Morrow

Case Details

Full title:DANIEL P. BJORLIN, Plaintiff, v. DR. MORROW, et al., Defendants.

Court:United States District Court, Ninth Circuit, California, E.D. California

Date published: Dec 30, 2010

Citations

2:10-cv-2162 FCD KJN P (E.D. Cal. Dec. 30, 2010)