Opinion
No. CIV S-05-1133-DFL-CMK-P.
August 16, 2006
ORDER
Plaintiff, a state prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pursuant to the court's August 9, 2006, order remanding this case to the undersigned for further proceedings, the court finds that the complaint appears to state a cognizable claim for relief pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 1915A(b) against defendants Schwarzenegger and Rodriguez. If the allegations are proven, plaintiff has a reasonable opportunity to prevail on the merits of this action. The court, therefore, determines that service is appropriate and will direct service by the U.S. Marshal without pre-payment of costs. Plaintiff is informed, however, that this action cannot proceed further until plaintiff complies with this order. Plaintiff is warned that failure to comply with this order may result in dismissal of the action. See Local Rule 11-110.
All other named defendants have been dismissed.
Accordingly, IT IS HEREBY ORDERED that:
1. Service is appropriate for the following defendant(s):
SCHWARZENEGGER; and
RODRIGUEZ
2. The Clerk of the Court shall send plaintiff one USM-285 form for each defendant identified above, one summons, an instruction sheet, and a copy of the complaint; and
3. Within 30 days of the date of service 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. Two completed USM-285 form(s); and
d. Three copies of the endorsed complaint.
NOTICE OF SUBMISSION OF DOCUMENTS
Plaintiff hereby submits the following documents in compliance with the court's order:
1 completed summons form; ____ completed USM-285 form(s); and ____ copies of the complaint.
DATED: __________________ _________________________________ Plaintiff