Opinion
No. CV F 05 00620 REC WMW P.
February 15, 2006
ORDER
Plaintiff is a former is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 12132 et seq. Plaintiff filed this action on May 10, 2005. The court has screened plaintiff's complaint pursuant to 28 U.S.C. § 1915A and finds that it appears to state cognizable claims for relief against defendant California Department of Correction. Accordingly, it is HEREBY ORDERED that:
1. Service is appropriate for the following defendants:
CALIFORNIA DEPARTMENT OF CORRECTIONS
2. The Clerk of the Court shall send plaintiff one USM-285 form, one summons, a Notice of Submission of Documents form, an instruction sheet and a copy of the complaint filed May 10, 2005.
3. Within thirty (30) days from the date of this order, plaintiff shall complete the attached Notice of Submission of Documents and submit the completed Notice to the court with the following documents:
a. Completed summons;
b. One completed USM-285 form for each defendant listed above; and
c. Two copies of the endorsed complaint filed May 10, 2005.
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.
5. The failure to comply with this order will result in a recommendation that this action be dismissed.
IT IS SO ORDERED.