Case Information
*1 Case 1:05-cv-00536-LJO-GSA Document 16 Filed 06/22/06 Page 1 of 2
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA RAYMOND D. CROWDER, CASE NO. 1:05-CV-00536-OWW-LJO-P
Plaintiff, ORDER FINDING SERVICE OF COMPLAINT APPROPRIATE AND FORWARDING SERVICE DOCUMENTS TO PLAINTIFF FOR COMPLETION AND RETURN v.
DR. K. KIM, et al.,
(Doc. 1) Defendants.
/
Plaintiff Raymond D. Crowder (“plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on April 21, 2005. The court screened plaintiff’s complaint pursuant to 28 U.S.C. § 1915A and found that it states a cognizable claim for relief under section 1983 against defendant Kim for acting with deliberate indifference to plaintiff’s medical needs, in violation of the Eighth Amendment. [1] Fed. R. Civ. P. 8(a); Swierkiewicz v. Sorema N. A., 534 U.S. 506, 512-15 (2002); Austin v. Terhune, 367 F.3d 1167, 1171 (9th Cir. 2004); Jackson v. Carey, 353 F.3d 750, 754 (9th Cir. 2003); Galbraith v. County of Santa Clara, 307 F.3d 1119, 1125-26 (9th Cir. 2002). Accordingly, it is HEREBY ORDERED that:
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*2 Case 1:05-cv-00536-LJO-GSA Document 16 Filed 06/22/06 Page 2 of 2 1. Service is appropriate for the following defendant:
DR. K. KIM 2. The Clerk of the Court shall send plaintiff one (1) USM-285 form, one (1) summons,
a Notice of Submission of Documents form, an instruction sheet and a copy of the complaint filed April 21, 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 (2) copies of the endorsed complaint filed April 21, 2005.
4. 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.
5. The failure to comply with this order will result in a recommendation that this action be dismissed.
IT IS SO ORDERED.
Dated: June 21, 2006 /s/ Lawrence J. O'Neill b9ed48 UNITED STATES MAGISTRATE JUDGE
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[1] In a Findings and Recommendations issued concurrently with this order, the court recommended that plaintiff’s Eighth Amendment medical claim against defendant Medical Supervisory Committee be dismissed, 27 without prejudice, for failure to state a claim upon which relief may be granted under section 1983, and defendant Med ical Supervisory Committee be dismissed from this action. 28 1