(PC) Mosz v. Allred ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JONATHAN MOSZ, No. 2:19-cv-1010 DB P 12 Plaintiff, 13 v. ORDER AND 14 DAVID ALLRED, et al., FINDINGS & RECOMMENDATIONS 15 Defendants. 16 17 Plaintiff is a federal prisoner proceeding pro se and in forma pauperis in this civil rights 18 action brought pursuant to Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S 388 19 (1971). Plaintiff’s complaint was recently screened and found to state a cognizable Eighth 20 Amendment medical indifference claim against Dr. Allred. No other claims were cognizable as 21 pled. Plaintiff was then directed to file a notice as to whether he wished to proceed with the 22 complaint as screened, to file an amended complaint, or to dismiss this action. Plaintiff has now 23 filed a notice of his intent to proceed on the complaint as screened. 24 Accordingly, IT IS HEREBY ORDERED that: 25 1. The Clerk of Court shall assign a district judge to this case; 26 2. Service has been deemed appropriate for the following defendant: 27 DR. ALLRED – Medical Director at Federal Correctional Institution in Herlong, 28 California wOAOe 2 fA EU RP MUO, AI ae YY Oe 1 3. The Clerk of the Court shall send plaintiff one USM-285 form, one summons, an 2 || instruction sheet, and a copy of the complaint filed June 3, 2019. 3 4. Within thirty days from the date of this order, plaintiff shall complete the attached 4 | Notice of Submission of Documents and submit all of the following documents to the court at the 5 || same time: 6 a. The completed, signed Notice of Submission of Documents; 7 b. One completed summons; 8 c. One completed USM-285 form for the defendant listed above; and 9 d. Four copies of the endorsed complaint filed June 3, 2019. 10 5. Plaintiff shall not attempt to effect service of the amended complaint on defendants or 11 || request a waiver of service of summons from any defendant. Upon receipt of the above-described 12 || documents, the court will direct the United States Marshal to serve the above-named defendant 13 | pursuant to Federal Rule of Civil Procedure 4 without payment of costs; and 14 IT IS HEREBY RECOMMENDED that, other than the Eighth Amendment medical 15 | indifference claim against Dr. Allred, all other claims and defendants be dismissed without leave 16 | to amend. 17 These Findings and Recommendations will be submitted to the United States District 18 | Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(1). Within 19 | fourteen days after being served with these Findings and Recommendations, the parties may file 20 | written objections with the Court. The document should be captioned “Objections to Magistrate 21 || Judge’s Findings and Recommendations.” The parties are advised that failure to file objections 22 || within the specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 23 | F.3d 834, 839 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 24 || Dated: May 4, 2020 25 *6 Davin x/Routine/mosz1010.02+£8& nbox/Routine/mosz1010.02+f&r B ORAH BARNES UNITED STATES MAGISTRATE JUDGE 28