(PS) Parlante v. American River College ( 2021 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 JOHN PARLANTE, Case No. 2:20-cv-02268-KJM-JDP (PS) 11 Plaintiff, SCREENING ORDER 12 v. ORDER DIRECTING SERVICE OF FIRST AMENDED COMPLAINT AGAINST 13 AMERICAN RIVER COLLEGE, DEFENDANT AMERICAN RIVER COLLEGE 14 Defendant. ECF No. 6 15 16 17 This matter is before the court for screening. See 28 U.S.C. § 1915(e)(2). Plaintiff, John 18 Parlante, is proceeding without counsel and without prepayment of fees in this state torts action 19 brought under 28 U.S.C. § 1332. Plaintiff alleges that he was attacked by a John Doe defendant 20 who was another student at American River College at the time, and that American River College 21 failed to provide a safe environment. Plaintiff states cognizable claims against American River 22 College for negligence and against the Doe defendant for battery.1 See Regents of Univ. of Cal. v. 23 Superior Court, 4 Cal. 5th 607, 634 (2018) (recognizing that “universities owe a duty to protect 24 students from foreseeable violence during curricular activities”). Thus, I authorize service of the 25 first amended complaint against American River College. 26 27 1 The Doe defendant cannot be served until his identity is ascertained. Plaintiff may seek discovery as necessary to obtain his identity. If the Doe defendant is identified, plaintiff should 28 file a motion to substitute the named individual defendant or to amend the complaint. 1 Accordingly, it is hereby ordered that: 2 1. This action may proceed against defendants American River College and John Doe, 3 | whose identity must be ascertained and provided to the court. 4 2. Service is appropriate for defendant American River College in Sacramento, 5 | California. 6 3. Within thirty days from the date of this order, plaintiff shall complete the attached 7 | Notice of Submission of Documents and submit the completed Notice to the court with the 8 | following documents: 9 a. a completed summons for each defendant; 10 b. a completed USM-285 form for each defendant; and 11 C. two copies of the signed June 7, 2021 first amended complaint. 12 4. Plaintiff need not attempt service on defendant and need not request waiver of service. 13 || Upon receipt of the above-described documents, the court will direct the U.S. Marshals Service to 14 || serve the above defendant pursuant to Federal Rule of Civil Procedure 4, without payment of 15 | costs by plaintiff. 16 5. The failure to comply with this order may result in the dismissal of this action. 17 18 IT IS SO ORDERED. 19 ( q Sty — Dated: _ September 13, 2021 Q_-——— 20 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 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 9 UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 12 JOHN PARLANTE, Case No. 2:20-cv-02268-KJM-JDP (PS) 13 Plaintiff, NOTICE OF SUBMISSION OF DOCUMENTS 14 v. 15 AMERICAN RIVER COLLEGE, 16 Defendant. 17 18 19 In accordance with the court’s Screening Order, plaintiff hereby submits: 20 1 completed summons form 21 1 completed form USM-285 22 2 signed copies of the June 7, 2021 first amended complaint 23 24 25 26 27 28