(PC) Johnson v. Arabia ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 HENRY CHARLES JOHNSON, JR., No. 2:18-cv-2221 JAM CKD P 12 Plaintiff, 13 v. ORDER AND 14 JOHN ARABIA, et al., FINDINGS AND RECOMMENDATIONS 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se. On July 25, 2019, the court screened 18 plaintiff’s complaint as the court is required to do under 28 U.S.C. § 1915A(a). The court found 19 that plaintiff may proceed on a claim for excessive force arising under the Fourth Amendment 20 against defendants Arabia, Williams, Lee and Warren as detailed on pages 13 and 14 of plaintiff’s 21 complaint. With respect to the other defendants and the other claims identified in plaintiff’s 22 complaint, the court found that plaintiff’s complaint fails to state a claim upon which relief can be 23 granted. The court informed plaintiff he could either proceed on the claims described above or 24 file an amended complaint in an attempt to cure the deficiencies in the original. Plaintiff has 25 indicated he would like to proceed on the claims described above. 26 Accordingly, IT IS HEREBY ORDERED that: 27 1. Service of plaintiff’s complaint is appropriate for defendants Arabia, Williams, Lee and 28 Warren. 1 2. The Clerk of the Court shall send plaintiff 4 USM-285 forms, one summons, an 2 | instruction sheet and a copy of the complaint. 3 3. Within thirty days from the date of this order, plaintiff shall complete the attached 4 | Notice of Submission of Documents and submit the following documents to the court: 5 a. The completed Notice of Submission of Documents; 6 b. One completed summons; 7 c. One completed USM-285 form for each defendant listed in number 3 above; 8 | and 9 d. Five copies of the complaint. 10 4. Plaintiff need not attempt service on defendants and need not request waiver of service. 11 || Upon receipt of the above-described documents, the court will direct the United States Marshal to 12 || serve the above-named defendants pursuant to Federal Rule of Civil Procedure 4 without payment 13 | of costs. 14 IT IS HEREBY RECOMMENDED that all claims other than a claim for excessive force 15 | arising under the Fourth Amendment against defendants Arabia, Williams, Lee and Warren as 16 | detailed on pages 13 and 14 of plaintiff's complaint be dismissed. 17 These findings and recommendations are submitted to the United States District Judge 18 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen days 19 | after being served with these findings and recommendations, plaintiff may file written objections 20 | with the court and serve a copy on all parties. Such a document should be captioned 21 | “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 22 | failure to file objections within the specified time may waive the right to appeal the District 23 | Court’s order. Martinez v. YIst, 951 F.2d 1153 (th Cir. 1991). 24 | Dated: August 26, 2019 bh rdf ff / { o—, 29 CAROLYN K. DELANEY : 26 UNITED STATES MAGISTRATE JUDGE 27 | 1 28 john2221.1 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 HENRY CHARLES JOHNSON, JR, No. 2:18-cv-2221 JAM CKD P 12 Plaintiff, 13 v. NOTICE OF SUBMISSION 14 JOHN ARABIA, et al., OF DOCUMENTS 15 Defendants. 16 17 Plaintiff submits the following documents in compliance with the court's order filed 18 _____________________: 19 ____ completed summons form 20 ____ completed USM-285 forms 21 ____ copies of the ___________________ Complaint 22 23 DATED: 24 25 ____________________ Plaintiff 26 27 28