Opinion
Case No. 1:07-cv-01151-LJO DLB PC.
October 22, 2008
Plaintiff Lawtis Donald Rhoden ("plaintiff") is a civil detainee housed at Coalinga State Hospital, and is proceeding pro se and in forma pauperis. On May 20, 2008, plaintiff filed a motion for leave to amend his complaint. (Doc. 21). Upon review, the Court construes plaintiff's motion as a request to file a supplemental pleading. Defendants filed a statement of non-opposition on May 23, 2008. (Doc. 23).
The court has screened plaintiff's supplemental complaint pursuant to 28 U.S.C. § 1915(e)(2)(B) and cannot find that it does not state cognizable claims for relief under section 1983 against defendants Mayberg, Kramer, Radavsky and Ahlin for violation of the Due Process Clause of the Fourteenth Amendment. Fed.R.Civ.P. 8(a);Swierkiewicz v. Sorema N. A., 534 U.S. 506, 512-15 (2002);Hydrick v. Hunter, 466 F.3d 676, 697 (9th Cir. 2006). Accordingly, it is HEREBY ORDERED that:
1. Service is appropriate for the following defendants:
NORM KRAMER
CYNTHIA A. RADAVSKY
PAM AHLIN
2. The Clerk of the Court shall send plaintiff three (3) USM-285 forms, three (3) summonses, a Notice of Submission of Documents form, an instruction sheet and a copy of the supplemental complaint lodged May 20, 2008.
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. Four (4) copies of the endorsed supplemental complaint filed May 20, 2008.
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.
Service for defendant Mayberg is not required as he has already appeared in this action.
IT IS SO ORDERED.
INSTRUCTIONS FOR COMPLETING FORM USM-285
After the court has issued an order granting your application to proceed without prepayment of fees and directing that service of process be made by the United States Marshal, you must complete an original USM-285 form for each individual defendant named in your action.
1. PLAINTIFF: Print your name.
2. COURT CASE NUMBER: Print the complete case number listed on your complaint.
3. DEFENDANT: Print the name of one defendant on each separate form.
4. TYPE OF PROCESS: Print "Summons and Complaint."
5. SERVE AT: Enter the name and address for service of one defendant on each individual USM-285 form.
6. SEND NOTICE OF SERVICE TO REQUESTER AT: Enter your name and mailing address.
7. NUMBER OF PROCESS TO BE SERVED WITH THIS FORM — 285: 1.
8. NUMBER OF PARTIES TO BE SERVED IN THIS CASE: Enter the number of defendants you have named in your suit.
9. CHECK FOR SERVICE ON U.S.A.: Check ONLY if the defendant listed on the form is an entity of the U.S. Government.
10. Sign and date the form, check the box marked "PLAINTIFF" and enter your telephone number (if one is available).If you are the plaintiff and are currently incarcerated, you must return the completed USM-285 forms to the Clerk's Office at 2500 Tulare Street, Room 1501, Fresno, CA 93721, together with the following:
1. An original Summons for each defendant to be served;
2. A file-endorsed copy of the complaint to be served on each individual defendant;
3. One copy of the complaint for the U.S. Marshal's file.
4. The completed "Notice of Submission of Documents" form enclosed herewith.
PLEASE NOTE that only the defendants against whom the court has determined you have a cognizable claim will be served.IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ) ) _______________________, ) No. 1:___-cv-____________ ) Plaintiff/Petitioner, ) ) NOTICE OF SUBMISSION vs. ) OF DOCUMENTS ) _______________________, ) ) Defendant/Respondent. ) ____________________________) Plaintiff hereby submits the following documents in compliance with the court's order filed __________________. ______ completed USM-285 forms ______ copies of the complaint/amended complaint ______ completed Summons forms DATED: _______________ _________________________________ Signature of Plaintiff/Petitioner