Opinion
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (ECF NO. 35) TO: (1) TO SERVE COGNIZABLE EQUAL PROTECTION CLAIMS; (2) DISMISS REMAINING CLAIMS WITH PREJUDICE; AND ORDER DIRECTING PLAINTIFF TO SUBMIT SERVICE DOCUMENTS
LAWRENCE J. O'NEILL, District Judge.
Plaintiff is a state prisoner proceeding pro se in this civil rights action brought pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302 of the United States District Court for the Eastern District of California.
On June 29, 2015, the Magistrate Judge issued findings and recommendations to permit Plaintiff to proceed on his Fourth Amended Complaint's Fourteenth Amendment Equal Protection claim against Defendants Stainer, Sherman, and Braggs, and to dismiss all other claims and Defendant Beard with prejudice. Plaintiff has filed objections.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the Court finds the findings and recommendations to be supported by the record and by proper analysis.
Accordingly, it is HEREBY ORDERED that:
1. The Court ADOPTS the findings and recommendations, filed on June 29, 2015 (ECF No. 35), in full;
2. Plaintiff shall proceed on the Fourth Amended Complaint's Fourteenth Amendment Equal Protection claim against Defendants Stainer, Sherman, and Braggs;
3. All other claims asserted in the Fourth Amended Complaint and Defendant Beard are DISMISSED WITH PREJUDICE;
4. The Clerk of Court shall Plaintiff three (3) USM-285 forms, three (3) summonses, a Notice of Submission of Documents form, an instruction sheet and a copy of the Fourth Amended Complaint (ECF No. 34) filed June 19, 2015;
5. Within thirty (30) days from the date of this order, Plaintiff shall complete and return to the Court the notice of submission of documents along with the following documents:
a. Three completed summonses,
b. One completed USM-285 form for each Defendant listed above,
c. Four (4) copies of the endorsed Fourth Amended Complaint filed June 19, 2015; and
6. 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.
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.
NOTICE OF SUBMISSION OF DOCUMENTS
Plaintiff hereby submits the following documents in compliance with the court's order filed __________________.
SUMMONS IN A CIVIL CASE
YOU ARE HEREBY SUMMONED and required to serve upon PLAINTIFF'S ATTORNEY (name and address)
an answer to the complaint which is herewith served upon you, within 21 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. You must also file your answer with the Clerk of this Court within a reasonable period of time after service.