No. CIV S-06-1993 FCD GGH P.
May 1, 2007
Plaintiff is a state prisoner proceeding pro se and in forma pauperis with an action filed pursuant to 42 U.S.C. § 1983. By order filed November 9, 2006, plaintiff's complaint was dismissed with leave to file an amended complaint. Plaintiff filed an amended complaint.
The amended complaint states a cognizable claim for relief pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 1915A(b), as to defendants Medical Technical Assistant (MTA) Oliver, Dr. Lee; Dr. Sahota; Kim Stocker. If the allegations of the amended complaint are proven, plaintiff has a reasonable opportunity to prevail on the merits of this action. As to the remaining defendant, the undersigned, by concurrent findings and recommendations, recommends her dismissal.
In accordance with the above, IT IS HEREBY ORDERED that:
1. Service is appropriate for the following defendants: MTA Oliver; Dr. B. Lee; Kim Stocker; Dr. P. Sahota.
2. The Clerk of the Court shall send plaintiff four (4) USM-285 forms, one summons, an instruction sheet and a copy of the amended complaint filed December 1, 2006.
3. Within thirty days from the date of this order, plaintiff shall complete the attached Notice of Submission of Documents and submit the following documents to the court:
a. The completed Notice of Submission of Documents;
b. One completed summons;
c. One completed USM-285 form for each defendant listed in number 1 above; and
d. Five (5) copies of the endorsed amended complaint filed December 1, 2006.
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.