Opinion
No. CIV S-05-1888 GEB EFB P.
October 29, 2008
ORDER
Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. The court dismissed plaintiff's initial complaint with leave to amend. Plaintiff has filed an amended complaint.
The court finds that, for the limited purposes of § 1915A screening, the amended complaint states a claim that the defendants violated plaintiff's constitutional and statutory rights to practice his religion.
Accordingly, it is hereby ORDERED that:
1. Service is appropriate for defendants Teresa A. Schwartz and Robert P. Martinez.
2. The Clerk of the Court shall send plaintiff two USM-285 forms, one summons, an instruction sheet and one copy of the July 6, 2007, amended pleading.
3. Within 30 days from service of this order, plaintiff shall complete the attached Notice of Submission of Documents and submit it to the court with the completed summons and USM-285 forms and three copies of the endorsed July 6, 2007, pleading.
4. Upon receipt of the necessary materials, the court will direct the United States Marshal to serve defendants Teresa A. Schwartz and Robert P. Martinez pursuant to Federal Rule of Civil Procedure 4 without payment of costs. Failure to comply with this order will result in a recommendation that this action be dismissed.