Opinion
CASE NO. 1:11-cv-01371 LJO DLB
09-19-2011
ROBERT RODRIGUEZ, Plaintiff, v. OFFICER TUSHNET, Defendant.
ORDER FINDING SERVICE OF COMPLAINT
APPROPRIATE AND FORWARDING
SERVICE DOCUMENTS TO PLAINTIFF FOR
COMPLETION AND RETURN WITHIN
THIRTY DAYS
Plaintiff Robert Rodriguez ("Plaintiff") is a county inmate proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on August 17, 2011. The Court has screened Plaintiff's complaint pursuant to 28 U.S.C. § 1915A and finds that it states cognizable claims for relief under section 1983 against Defendant Officer Tushnet. Fed. R. Civ. P. 8(a). Accordingly, it is HEREBY ORDERED that:
1. Service is appropriate for the following defendants:
OFFICER TUSHNET2. The Clerk of the Court shall send Plaintiff one (1) USM-285 forms, one (1) summons, a Notice of Submission of Documents form, an instruction sheet and a copy of the complaint filed August 17, 2011.
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 the defendant listed above; and4. Plaintiff need not attempt service on Defendant 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 defendant pursuant to Federal Rule of Civil Procedure 4 without payment of costs.
c. Two (2) copies of the endorsed complaint filed August 17, 2011.
5. The failure to comply with this order will result in a recommendation that this action be dismissed.
IT IS SO ORDERED.
Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE