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Campbell v. Brown

United States District Court, E.D. California
Feb 28, 2006
No. CIV S-04-2721 DFL PAN P (E.D. Cal. Feb. 28, 2006)

Opinion

No. CIV S-04-2721 DFL PAN P.

February 28, 2006


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 orders filed April 8, 2005 and December 28, 2005, plaintiff's original and first amended complaints were dismissed with leave to amend. On January 25, 2006, plaintiff filed a second amended complaint.

The amended complaint states a 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. Service is appropriate for the following defendant: R. Brown.

2. The Clerk of the Court shall send plaintiff one USM-285 forms, one summons, an instruction sheet and a copy of the second amended complaint filed January 25, 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 the defendant listed in number 1 above; and
d. Two copies of the endorsed second amended complaint filed January 25, 2006.

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.

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

TONY MARQUET CAMPBELL, Plaintiff, No. CIV S-04-2721 DFL PAN P

vs.

R. BROWN, NOTICE OF SUBMISSION Defendant. 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 ___________________________ Second Amended Complaint DATED: ____________________ Plaintiff


Summaries of

Campbell v. Brown

United States District Court, E.D. California
Feb 28, 2006
No. CIV S-04-2721 DFL PAN P (E.D. Cal. Feb. 28, 2006)
Case details for

Campbell v. Brown

Case Details

Full title:TONY MARQUET CAMPBELL, Plaintiff, v. [G] R. BROWN, Defendant

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

Date published: Feb 28, 2006

Citations

No. CIV S-04-2721 DFL PAN P (E.D. Cal. Feb. 28, 2006)