Lim v. Child Protective Services of Tulare County ( 2021 )

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 CHONG SOOK LIM, Case No. 1:20-cv-01049-NONE-SKO 9 Plaintiff, 10 v. ORDER FINDING SERVICE OF SECOND AMENDED COMPLAINT 11 JENNIFER MENNE and MELANIE APPROPRIATE AND FORWARDING HUERTA, SERVICE DOCUMENTS TO PLAINTIFF 12 FOR COMPLETION AND RETURN Defendants. / WITHIN THIRTY DAYS 13 (Doc. 9) 14 THIRTY (30) DAY DEADLINE 15 16 17 Plaintiff Chong Sook Lim is proceeding pro se and in forma pauperis in this civil rights 18 action brought pursuant to 42 U.S.C. § 1983 (“Section 1983”). The Court has screened Plaintiff's 19 Second Amended Complaint pursuant to 28 U.S.C. § 1915 and finds that it states a cognizable 20 Section 1983 familial association claim against Defendants Jennifer Menne and Melanie Huerta.1 21 Fed. R. Civ. P. 8(a); Hardwick v. Cty. of Orange, 844 F.3d 1112, 1116 (9th Cir. 2017); Thornton 22 v. Cty. of Los Angeles, No. CV 16-08482 TJH (AGRx), 2017 WL 11504794, at *2 (C.D. Cal. June 23 27, 2017); Lahey v. Contra Costa Cty. Dep’t of Children & Family Servs., No. C01-1075 MJJ, 24 2004 WL 2055716, at *9 (N.D. Cal. Sept. 2, 2004). 25 /// 26 /// 27 /// 28 1 Accordingly, it is HEREBY ORDERED that: 2 1. Service is appropriate on the following defendants: 3 Jennifer Menne 4 Melanie Huerta 5 2. The Clerk of the Court shall send Plaintiff two (2) USM-285 forms, two (2) summonses, a 6 Notice of Submission of Documents form, an instruction sheet, and a copy of the Second 7 Amended Complaint, filed October 19, 2020 (Doc. 7). 8 3. Within thirty (30) days from the date of this order, Plaintiff shall complete the attached 9 Notice of Submission of Documents and submit it to the Court with the following 10 documents: 11 a. A completed summons for each defendant listed above; 12 b. A completed USM-285 form for each defendant listed above; and 13 c. Three (3) copies of the endorsed Second Amended Complaint, filed October 19, 14 2020 (Doc. 7). 15 4. Plaintiff need not attempt service on the defendants and need not request waiver of service. 16 Upon receipt of the above-described documents, the Court will direct the United States 17 Marshal to serve the above-named defendants pursuant to Federal Rule of Civil Procedure 18 4 without payment of costs. 19 5. The failure to comply with this order will result in a recommendation that this action 20 be dismissed. 21 IT IS SO ORDERED. 22 Sheila K. Oberto 23 Dated: January 5, 2021 /s/ . UNITED STATES MAGISTRATE JUDGE 24 25 26 27 28