(PC) Mitchum v. Honea ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL ERNEST MITCHUM, JR., No. 2:22-cv-2313 CKD P 12 Plaintiff, 13 v. ORDER AND 14 KORY HONEA, et al., FINDINGS AND RECOMMEDATIONS 15 Defendants. 16 17 Plaintiff is a Butte County Jail prisoner proceeding pro se with civil action. On March 6, 18 2023, the court screened plaintiff’s complaint as the court is required to do under 28 U.S.C. § 19 1915A(a). The court gave plaintiff two options: (1) proceed on a claim arising under the 20 Americans with Disabilities Act (ADA) against defendant Butte County based upon plaintiff’s 21 allegations that he suffered injuries as a result of a lack of handrails near toilets and showers; or 22 (2) seek leave to file an amended complaint in an attempt to cure deficiencies in the original 23 complaint concerning other claims and defendants. Plaintiff has indicated he wishes to proceed 24 on the claim described above. 25 Accordingly, IT IS HEREBY ORDERED that: 26 1. Service is appropriate for defendant Butte County. 27 2. The Clerk of the Court shall send plaintiff a USM-285 form, a summons, an instruction 28 sheet, and a copy of the 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 and need not request waiver of service. 8 | Upon receipt of the above-described documents, the court will direct the United States Marshal to 9 || serve the above-named defendant pursuant to Federal Rule of Civil Procedure 4 without payment 10 | of costs. 11 5. The Clerk of the Court assign a district court judge to this case. 12 IT IS HEREBY RECOMMENDED that all claims and defendants except for a claim 13 || arising under the Americans with Disabilities Act (ADA) against defendant Butte County based 14 | upon plaintiff's allegations that he suffered injuries as a result of a lack of handrails near toilets 15 || and showers 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)(1). Within fourteen days 18 || after being served with these findings and recommendations, plaintiff may file written objections 19 || with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 20 || and Recommendations.” Plaintiff is advised that failure to file objections within the specified 21 || time waives the right to appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th 22 | Cir. 1991). 23 | Dated: March 28, 2023 □□ I / dle ae CAROLYNK. DELANEY 25 UNITED STATES MAGISTRATE JUDGE 26 27 mite2240§ 28 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL ERNEST MITCHUM, JR., No. 2:22-cv-2323 CKD P 12 Plaintiff, 13 v. NOTICE OF SUBMISSION 14 KORY HONEA, 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