(PC) Rhoden v. Mayberg et al Doc.

Case 1:07-cv-01151-LJO-DLB Document 8 Filed 08/17/2007 Page 1 of 2

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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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9 LAWTIS RHODEN, CASE NO. 1:07-cv-01151-LJO DLB P
10 Plaintiff, ORDER FINDING SERVICE OF
COMPLAINT APPROPRIATE, AND
11 v. FORWARDING SERVICE DOCUMENTS TO
PLAINTIFF FOR COMPLETION AND
12 BEN MCLAIN, et al., RETURN
13 Defendants. (Doc. 1)
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15 Plaintiff is a civil detainee proceeding pro se in this civil rights action pursuant to 42 U.S.C.
16 § 1983. The court screened plaintiff’s complaint pursuant to 28 U.S.C. § 1915(e)(2)(B) and finds
17 that it states cognizable claims for relief under section 1983 against defendants Mayberg, McClain,
18 and Maynard for violation of the Due Process Clause of the Fourteenth Amendment. Fed. R. Civ.
19 P. 8(a); Swierkiewicz v. Sorema N. A., 534 U.S. 506, 512-15 (2002); Hydrick v. Hunter, 466 F.3d
20 676, 697 (9th Cir. 2006). Accordingly, it is HEREBY ORDERED that:
21 1. Service is appropriate for the following defendants:
22 STEPHEN MAYBERG
23 BEN MCCLAIN
24 GEORGE MAYNARD
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26 2. The Clerk of the Court shall send plaintiff THREE (3) USM-285 forms, THREE (3)
27 summonses, a Notice of Submission of Documents form, an instruction sheet and a
28 copy of the complaint filed August 8, 2007.

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 Case 1:07-cv-01151-LJO-DLB Document 8 Filed 08/17/2007 Page 2 of 2

1 3. Within thirty (30) days from the date of this order, plaintiff shall complete the
2 attached Notice of Submission of Documents and submit the completed Notice to the
3 court with the following documents:
4 a. Completed summons;
5 b. One completed USM-285 form for each defendant listed above; and
6 c. Four (4) copies of the endorsed amended complaint filed August 8, 2007.
7 4. Plaintiff need not attempt service on defendants and need not request waiver of
8 service. Upon receipt of the above-described documents, the court will direct the
9 United States Marshal to serve the above-named defendants pursuant to Federal Rule
10 of Civil Procedure 4 without payment of costs.
11 5. The failure to comply with this order will result in a recommendation that this action
12 be dismissed.
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14 IT IS SO ORDERED.
15 Dated: August 17, 2007 /s/ Dennis L. Beck
3c0hj8 UNITED STATES MAGISTRATE JUDGE
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