(PC) Hodge v. Placer County ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PHILIP WESLEY HODGE, No. 2:20-cv-1531 CKD P 12 Plaintiff, 13 v. ORDER and FINDINGS AND RECOMMENDATIONS 14 PLACER COUNTY, et al., 15 Defendants. 16 17 Plaintiff is appearing pro se and in this civil rights action pursuant to 42 U.S.C. § 1983. 18 On, October 19, 2020, the court screened plaintiff’s complaint as the court is required to do under 19 28 U.S.C. § 1915A(a). The court found that this case may proceed against defendant Persinger 20 on a claim arising under the Eighth Amendment for excessive force. With respect to the other 21 defendants identified in plaintiff’s complaint, the court found that the facts alleged fail to state 22 actionable claims. The court gave plaintiff two options: (1) proceed on the claim described 23 above; or 2) make an attempt to cure the deficiencies in his complaint with respect to the other 24 defendants and claims in an amended complaint. Plaintiff elects to procced without amending. 25 Accordingly, IT IS HEREBY ORDERED that: 26 1. Service of process is appropriate for defendant Persinger. 27 2. The Clerk of the Court shall send plaintiff a USM-285 form, summons, an instruction 28 sheet and a copy of plaintiff’s complaint. 1 3. Within thirty days from the date of this order, plaintiff shall complete the attached 2 | Notice of Submission of Documents and submit the following documents to the court: 3 a. The completed Notice of Submission of Documents; 4 b. One completed summons; 5 c. One completed USM-285 form; and 6 d. Two copies of the complaint. 7 4. Plaintiff need not attempt service on defendant Persinger and need not request waiver 8 | of service. Upon receipt of the above-described documents, the court will direct the United States 9 | Marshal to serve defendant Persinger pursuant to Federal Rule of Civil Procedure 4 without 10 || payment of costs. 11 5. Plaintiff's failure to comply with this order will result in a recommendation that this 12 | action be dismissed. 13 6. The Clerk of the Court assign a district court judge to this case. 14 IT IS HEREBY RECOMMENDED that all claims and defendants other than a claim for 15 | excessive force arising under the Eighth Amendment against defendant Persinger be dismissed. 16 These findings and recommendations are submitted to the United States District Judge 17 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen after 18 | being served with these findings and recommendations, plaintiff may file written objections with 19 | the court. The document should be captioned “Objections to Magistrate Judge’s Findings and 20 | Recommendations.” Plaintiff is advised that failure to file objections within the specified time 21 | waives the right to appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th Cir. 22 | 1991). 23 | Dated: November 9, 2020 bh rdf /f [ { gt 4 CAROLYN K DELANEY 25 UNITED STATES MAGISTRATE JUDGE 26 | 1 7 hodg1531.1 28 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PHILIP WESLEY HODGE, No. 2:20-cv-1531 CKD P 12 Plaintiff, 13 v. NOTICE OF SUBMISSION 14 PLACER COUNTY, 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