(PC) Gibbs v. Webb ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT A. GIBBS, No. 2:18-cv-2817 JAM DB P 12 Plaintiff, 13 v. ORDER AND 14 J. WEBB, et al., FINDINGS AND RECOMMENDATIONS 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights action 18 pursuant to 42 U.S.C. § 1983. Plaintiff’s first amended complaint was recently screened and found 19 to state the following claims: (1) Monell1 claims against Shasta County and California Forensic 20 Medical Group, (2) a First Amendment retaliation claim against Deputy J. Webb, Sergeant C. Reed, 21 Sergeant B. Rodgers, and Captain Dave Kent; (3) a First Amendment right to petition claim against 22 Deputy Webb, Sergeant Reed, and Sergeant Rodgers; (4) a Fourteenth Amendment excessive force 23 claim against Deputy Webb; and (5) a Fourteenth Amendment failure to protect claim against 24 Deputy Barnhart. None of the other claims were cognizable as plead. Plaintiff was then directed to 25 file a notice as to whether he wished to proceed with the first amended complaint as screened, to 26 27 28 1 Monell v. Dep’t of Soc. Servs. of City of New York, 436 U.S. 658 (1978). 1 file a second amended complaint, or to dismiss this action. Plaintiff has now filed a notice of his 2 intent to proceed on the first amended complaint as screened. 3 Accordingly, IT IS HEREBY ORDERED that: 4 1. In accordance with the Court’s May 5, 2020, Screening Order (ECF No. 14), service is 5 appropriate for defendants Shasta County, California Forensic Medical Group, Captain Dave 6 Kent, Deputy J. Webb, Deputy C. Barnhart, Sergeant C. Reed, and Sergeant B. Rodgers. 7 2. The Clerk of the Court shall send plaintiff 7 USM-285 forms, one summons, an 8 instruction sheet and a copy of the first amended complaint filed August 7, 2019. Within thirty 9 days from the date of this order, plaintiff shall complete the attached Notice of Submission of 10 Documents and submit the following documents to the court: 11 a. The completed Notice of Submission of Documents; 12 b. One completed summons; 13 c. One completed USM-285 form for each defendant listed in number 3 above; 14 and 15 d. 8 copies of the endorsed first amended complaint filed August 7, 2019. 16 3. Plaintiff need not attempt service on defendants and need not request waiver of 17 service. Upon receipt of the above-described documents, the court will direct the United States 18 Marshal to serve the above-named defendants pursuant to Federal Rule of Civil Procedure 4 19 without payment of costs. 20 IT IS FURTHER RECOMMENDED that plaintiff’s remaining claims for relief be 21 dismissed without leave to amend. 22 These findings and recommendations are submitted to the United States District Judge 23 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 24 after being served with these findings and recommendations, plaintiff may file written objections 25 with the court. Such a document should be captioned “Objections to Magistrate Judge’s Findings 26 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 27 //// 28 //// wOAOe 6. LO UV LEOVEAINIT ER MVUUPEIOCTE tI ee PY YOM 1 | time may waive the right to appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 2 | (9th Cir. 1991). 3 | Dated: July 22, 2020 6 ORAH BARNES UNITED STATES MAGISTRATE JUDGE 7 8 /DLBT; 9 | DBAnbox/Routine/gibb2817.serv+f&r 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT A. GIBBS, No. 2:18-cv-2817 JAM DB P 12 Plaintiff, 13 v. NOTICE OF SUBMISSION 14 J. WEBB, et al., 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