Cruz v. Woodford

Full title: RICARDO CRUZ, Plaintiff, v. J. WOODFORD, et al., Defendants

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

Date published: Dec 12, 2007

1:06-CV-0289 ALA P (E.D. Cal. Dec. 12, 2007)

Opinion

1:06-CV-0289 ALA P.

December 12, 2007

ORDER

ARTHUR ALARCON, Circuit Judge

Plaintiff Ricardo Cruz is a state prisoner proceeding pro se. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983. The 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 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 defendants:

a. J. Woodford

b. Reed

c. E. Capot

2. The Clerk of the Court shall send Plaintiff 3USM-285 forms, one summons, an instruction sheet and a copy of the complaint filed March 15, 2006.

3. Within thirty-five (35) 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. 4 copies of the endorsed complaint filed March 15, 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 ___________________________ Complaint/Amended Complaint DATED: _________________________________________ Plaintiff