Opinion
ORDER ADOPTING IN PART FINDINGS AND RECOMMENDATIONS TO: 1) PROCEED WITH SERVICE OF FIRST AMENDMENT CLAIMS; AND 2) DISMISS REMAINING CLAIMS WITH PREJUDICE 3) DIRECT PLAINTIFF TO SUBMIT SERVICE DOCUMENTS (ECF No. 26) THIRTY (30) DAY DEADLINE
LAWRENCE J. O'NEILL, District Judge.
Plaintiff, Edward Terran Furnace, a.k.a. Asar Tauf Shakanasa, is a state prisoner proceeding pro se and in forma pauperis in this civil rights action brought pursuant to 42 U.S.C. § 1983.
On June 4, 2015, the Magistrate Judge issued findings and recommendations to proceed with service of Plaintiff's cognizable First Amendment claims and to dismiss all other claims with prejudice. (ECF No. 26.) Plaintiff filed objections on June 19, 2015. (ECF No. 27.)
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the Court concludes the findings and recommendations are supported by the record and by proper analysis, except that the Court makes the following modification in light of Plaintiff's objections to the recommended dismissal of his RLUIPA claims with prejudice:
The Magistrate Judge found that Plaintiff had not demonstrated entitlement to injunctive relief under RLUIPA because he had been transferred from Corcoran SHU, where his claims arose, and had not shown a reasonable likelihood of returning there. In his objections, Plaintiff asserts that the ICC recently recommended transferring him to Pelican Bay SHU, with an alternate of Corcoran SHU, and that Plaintiff will be housed at one of the two institutions as of August 16, 2015. (ECF No. 27.) Because Plaintiff's objections raise the possibility that Plaintiff will return to Corcoran SHU, the Court will dismiss Plaintiff's RLUIPA claims without prejudice. If Plaintiff is in fact transferred back to Corcoran, he may amend his complaint to reassert his RLUIPA claims.
Based on the foregoing, the Court HEREBY ORDERS:
1. The Court adopts the Findings and Recommendations filed June 4, 2015 (ECF No. 26) in part;
2. Plaintiff should proceed on the Second Amended Complaint's First Amendment claims against Defendants Gipson, Kimbrell, Swift, Allen, Robicheaux, Graves, and Sexton for denial of the name change and religious property request;
3. Plaintiff's RLUIPA claims for denial of the name change and religious property request are DISMISSED WITHOUT PREJUDICE;
4. All other claims asserted in the Second Amended Complaint and all other named Defendants are DISMISSED WITH PREJUDICE;
5. Service should be initiated on the following Defendants:
(1) Connie Gipson, former warden, Corcoran; (2) Kimbrell, Litigation Coordinator, Corcoran; (3) Swift, Chief Deputy Warden-Administration, Corcoran; (4) Allen, Appeals Examiner; (5) Robicheaux, Correctional Lieutenant; (6) Graves, CRM(A); and (7) Sexton, Chief Deputy Warden-Operations, Corcoran.
6. The Clerk of Court should send Plaintiff seven (7) USM-285 forms, (7) summonses, a Notice of Submission of Documents form, an instruction sheet, and a copy of the Second Amended complaint, filed May 13, 2015 (ECF No. 24);
7. Within thirty (30) days from the date of service of this order, Plaintiff should complete and return to the Court the notice of submission of documents along with the following documents:
i. Seven (7) completed summonses,
ii. Seven (7) completed USM-285 forms for each Defendant listed above,
iii. Eight (8) copies of the endorsed Second Amended Complaint filed May 13, 2015; and
8. Plaintiff need not attempt service on the defendants and need not request waiver of service. Upon receipt of the above-described documents, the Court should direct the United States Marshal to serve the above-named defendants pursuant to Federal Rule of Civil Procedure 4 without payment of costs.
The failure to comply with this order will result in dismissal of this action.
IT IS SO ORDERED.
EXHIBIT COVER PAGE
[#A]
Exhibit
Description of exhibit:
Letter to warden & Neterian Tenets 7/24/2013
Number, of pages to this exhibit: 6
Jurisdiction: (check one only)
[ ] Municipal Court
[ ] Superior Court
[ ] Appellate Court
[ ] State Supreme Court
[X] United States District Court
[ ] State Circuit Court
[ ] United States Supreme Court
[ ] Grand Jury
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[#B]
Exhibit
Description of exhibit:
602 APPEAL NO. COR-13-05337
Number, of pages to this exhibit: 9
Jurisdiction: (check one only)
[ ] Municipal Court
[ ] Superior Court
[ ] Appellate Court
[ ] State Supreme Court
[ ] United States District Court
[ ] State Circuit Court
[ ] United States Supreme Court
[ ] Grand Jury
This matter was reviewed on behalf of the Director of the California Department of Corrections and Rehabilitation (CDCR) by Appeals Examiner K. J. Allen. All submitted documentation and supporting arguments of the parties have been considered.
I APPELLANT'S ARGUMENT: It is the appellant's position that he has been adversely affected by the decisions of staff at Corcoran State Prison (COR). The appellant states that his request to the Warden for a religious name change was incorrectly denied. The appellant states that he is a descendant of "Black Africa" and a member of the Amen RA Family of ancient Kemet and he practices a religion called Shetaut Neter. The appellant states that staff have violated his right to practice his religion by not allowing him to change his name to "Asar Tauf Shakanasa. Therefore, the appellant requests on appeal that his named be changed to accommodate his religious beliefs and that staff use and call him by his religious name for all intended purposes. The appellant also requests that the First Level of Review be bypasses pursuant to departmental appeal rules.
II SECOND LEVEL'S DECISION: The reviewer found that an appeal inquiry was conducted into the appellant's complaint pursuant to departmental policy. The reviewer noted that the appellant's request for a name change was reviewed and considered by the institution's Warden as required by the California Code of Regulations, Title 15, Section (CCR) 3294.5. The Warden denied the appellant's request for reasons pertaining to institutional safety and security. It was also noted that the appellant's request was denied based upon registration and notification mandates as well as his violent commitment offenses. The appeal was denied at the Second Level of Review.
III THIRD LEVEL DECISION: Appeal is denied.
A. FINDINGS: Upon review of the documentation submitted, it is determined that the appellant's allegations have been reviewed and properly evaluated by administrative staff at COR. An appeal inquiry was conducted by Litigation Coordinator Kimbrell, and the appeal matter was reviewed by the institution's Chief Deputy Warden. Despite the appellant's dissatisfaction, this review finds no evidence of a violation of existing policy or regulation by the institution based upon the arguments and evidence presented.
As required by the CCR 3294.5, the appellant's request for a name change was reviewed by the institution's Warden. Accordingly, the appellant received a written response from the Warden who denied his request based on institutional safety and security. The appellant was advised that he may contact the courts as an individual to pursue a name change. The appellant has failed to provide any new or compelling information that would warrant a modification of the decision reached by the institution's Warden. Relief in this matter at the Third Level of Review is not warranted.
B. Basis for the Decision:
CCR: 3001, 3084.1, 3270, 3294.5, 3380
C. ORDER: No changes or modifications are required by the Institution.
This decision exhausts the administrative remedy available to the appellant within CDCR.
Re: Name Change
This letter is in response to your written request to change your legal name while in the Custody of the Department of Corrections and Rehabilitation (CDCR). You are requesting that CSP-Corcoran assist you in changing your name for religious reasons however you did not indicate the name you would like to change to or added as an a.k.a.
Your Central File was reviewed by CCII Specialist Kimbrell, who determined based on your commitment offenses and the victim notification requirement; it would not be in the prison's best interest to change your name. Further, CSP-Corcoran cannot support your legal name change for reasons pertaining to institutional safety and security, and, therefore declines to assist you in your request at this time. You may, however, contact the courts as an individual to pursue a name
Be assured of our desire to assist you in resolving your issues. If you have further questions regarding this particular matter, you may contact your assigned Correctional Counselor.
Memorandum
DECISION: DENIED
PROBLEM DESCRIPTION: You claim you are a descendant of Black Africa and a member of the Amen RA Family of ancient Kemet and you practice the religion of my black African Ancestors called "Shetaut Neter" and my beliefs are sincerely held.
ACTION REQUESTED: You want this appeal assigned to the Warden, bypass first level of review, grant religious name change request and identify appellant as "Asar Tauf Shakanasa" and that you receive all of the normal incidents of recognition and that staff use and call you by your religious name for all intents and purposes.
APPEAL RESPONSE: Delayni Vierra, Office Technician (OT), interviewed you over the phone on Sept 25, 2013 due to your out to court status and currently housed at Salinas Valley State Prison, relative to your appeal concerns. During the interview process, you stated that you had a document you would like to add noting that your religion requires you to have a spiritual name, other than that you had no further information beyond which was available in the original appeal. Your TABE score is over a 4.0 (12.9) and you did not require special accommodation to achieve effective communication. All submitted documentation and supporting arguments have been considered. Additionally, a thorough examination has been conducted regarding the claim presented and review of the California. Code of Regulations (CCR) 3294.5. CSP-Corcoran cannot support your legal name change for reasons pertaining to institutional safety and security as well as registration and notification mandates as well as your violent commitment offenses.
Considering all above information, your request is DENIED at the first level of review. The appellant is advised that this issue may be submitted for a second Level of Review if desired.
Memorandum
DECISION: DENIED
PROBLEM DESCRIPTION: You claim, "I am a descendant of Black Africa and a member of the Amen RA Family of ancient Kemet and I practice the religion of my black African Ancestors called "Shetaut Neter" and my beliefs are sincerely held."
ACTION REQUESTED: You request this appeal be assigned to the Warden, to bypass the first level of review, grant religious name change request and identify appellant as "Asar Tauf Shakanasa." You request to receive all of the normal incidents of recognition and that staff use and call you by your religious name for all intents and purposes.
APPEAL RESPONSE: Staff interviewed you at the First Level Review (FLR). The appeal and attachments were reviewed. Your TABE score is over a 4.0 (12.9) and you did not require special accommodation to achieve effective communication. Your appeal was reviewed and it was determined staff afforded you with an appropriate response at the FLR. It is noted you are dissatisfied with the FLR.
Considering all above information, your request is DENIED at the Second level of review. The appellant is advised this issue may be submitted for a Directors Level of Review if desired.
EXHIBIT COVER PAGE
[#C]
Exhibit
Description of exhibit:
602 APPEAL NO. COR-13-06216
Number, of pages to this exhibit: 20
Jurisdiction: (check one only)
[ ] Municipal Court
[ ] Superior Court
[ ] Appellate Court
[ ] State Supreme Court
[ ] United States District Court
[ ] State Circuit Court
[ ] United States Supreme Court
[ ] Grand Jury
This matter was reviewed on behalf of the Director of the California Department of Corrections and Rehabilitation (CDCR) by Appeals Examiner' K. J. Allen. All submitted documentation and supporting arguments of the parties have been considered.
I. APPELLANT'S ARGUMENT: It is the appellant's position that staff at Corcoran State Prison (COR) have inappropriately denied him the right to practice the religion. The appellant states that he is real practitioner of the Black African "Shetant Neter" faith and his beliefs are sincerely held. The appellant states that he seeks the approval to possess the necessary items for effective worship. The appellant states that he requires food items for his Kemetic Diet vegetarian based food items, Ankh amulet and chain, prayer rug, prayer oils, and prayer cleaning oils. The appellant states that the Chaplain's response to his request was vague and denies him the right to possess items required for effective Shetant Neter worship.
The appellant requests on appeal that he be allowed to possess all items for effective Shetant Neter worship through the purchase of one annual 30 pound religious package. The appellant states that the package shall include sun-dried vegetables, fruits, nuts, seeds, breads, organic food bars. The appellant requests that his rights not be violated and that that staff comply with the Religious Land Use and Institutionalized. Persons Act (RLUIPA).
II. SECOND LEVEL'S DECISION: The reviewer found that the appellant's appeal concerns have been properly addressed. The reviewer noted that an Inmate Religious Property Matrix was established in accordance with CDCR regulations to standardized inmate personal religious artifacts throughout the Department. The appellant was informed that pursuant to the Religious Property Matrix for Segregated Housing inmates, the items that he is requesting are not allowed. The reviewer noted that inmates in the Security Housing Unit are restricted to certain allowable property items.
The reviewer noted that the appellant is currently receiving the vegetarian diet; the appellant was informed that institutional staff do not have the authority to change or modify the statewide vegetarian diet. The. reviewer determined that the denial of the appellant's requested religious material was justified, lawful, and proper in that the restrictions are implemented or put in place to prevent the safety and security of the institution from being compromised. Based upon the conducted inquiry, the appeal was denied at the Second Level of Review (SLR).
III. THIRD LEVEL DECISION: Appeal is granted in part.
A. FINDINGS: Following analysis of the submitted documentation, the Appeals Examiner has determined that the appellant's allegations have been reviewed and evaluated by administrative staff at COR. The appeal inquiry was conducted by appropriate supervising staff and the appeal was reviewed by the institution's Chief Deputy Warden.
The documentation and arguments are persuasive that the appellant has presented sufficient evidence or facts to warrant a modification of the SLR. While the institution did note that the appellant's requested religious items are not identified on the Religious Personal Property Matrix; staff did not address the role of the Religious Review Committee (RRC) in approving additional inmate requests. The Third Level of Review (TLR) notes that pursuant to the California Code of Regulations, Title 15, Section (CCR) 3210(d) and the CDCR's Director's memorandum December 23, 2013, entitled Inmate Religious Personal Property Matrix/Wear Out Period Extension, the appropriate venue to review the appellant's request for religious accommodations' are via the RRC to determine the validity of the request. Pursuant to the memorandum noted above, requests for religious artifacts/property shall be processed through the local Chaplains and the RRC for recommendation to the Warden. The Appeals Examiner notes the RRC, if needed, shall refer the request to be reviewed on a case-by-case basis to the Warden's Advisory Group along with suggested recommendations of approval/disapproval with justification for institutional decisions. The RRC was established to determine the least restrictive alternative pursuant to the RLUIPA. The RRC is composed of custody staff and religious advisors. The RRC's mission is to ensure that the security of the institution is not compromised and the appellant's religious beliefs are not excessively hindered. Therefore, intervention at the TLR is warranted.
B. BASIS FOR THE DECISION:
California Penal Code Section: 5058
CCR: 3000, 3001, 3084.1, 3190, 3191, 3210, 3213, 3270, 3271, 3380
CDCR Operations Manual, Section: 54030.1
C. ORDER: The COR shall refer the appellant's requests for religious accommodations to the RRC for review and consideration pursuant to CCR 3210(d).
This issue was discussed with the office of the Chief Deputy Warden.
This decision exhausts the administrative remedy available to the appellant within CDCR.
Memorandum
APPEAL ISSUE: You contend you are a real practitioner of the Black African "Shetant Meter" faith and your beliefs are sincerely held You state you seek approve to possess the necessary items for effective worship, except candles, including the annual purchase of one 30 pound religious package consisting of but not limited' to Kemetic Diet vegetarian based food items, Ankh amulet and chain, prayer rug and oils, cosmetics, clothing items, shoes, writing materials, and clear electrical appliances, Practitioners of Shetant Neter must follow the specific tenets of the kemetic diet. You contend that prior to filing this grievance you exhausted a CDCR-22 Form with institutional Chaplin, You then assert the memorandum and property matrix to the chaplains response is vague and denies your right to possess items required for effective Shetant Neter worship burdens religious exercise, violates your federal rights and he Religious Land Use institutionalized person act of Tile 42 U.S.C. 2000 cc.
ACTION REQUESTED: You are requesting to be allowed to possess all items for effective Shetant Neter worship through the purchase of one annual 30 pound religious package as requested herein, including food items that consist of but not limited to, sun dried vegetables, fruits, nuts and seeds, breads, and organic food bars. You also request that your clearly established federal rights and the Religious Land Use Institutionalized Persons act of Title 42 U.S.C. 2000 cc are not violated.
EFFECTIVE COMMUNICATION: A review of the Test of Adult Basic Education list reveals you have a Reading Grade Point Level of 12.9 therefore, you do not require special accommodation to achieve effective communication, During the interview with me, Correctional Lieutenant M, S, Robicheaux, you restated each part of your appeal in your own words. Your answers and interaction with me, Correctional Lieutenant Robicheaux, convinced me you completely understood the issues of the appeal.
INTERVIEW: On Tuesday, October 8, 2013, you were interviewed by Correctional Lieutenant M. S. Robicheaux regarding your appeal. You were afforded the opportunity to further explain your issue and to provide any supporting evidence or documents. During the interview you reiterated the issues in your appeal. You also stated the departmental vegetarian diet nor the Religious Property Matrix contains any of the items that are required for you to effectively worship and/or practice your religion, therefore you are' experiencing a substantial burden. You were provided a copy of the Religious Property Matrix and the Religious Spiritual package order form so that you are aware of what items you can order per the Religious Property Matrix, You then stated you did not have any witness or additional information to add, At that time the interview was concluded,
APPEAL RESPONSE: Your appeal, the attachments, which is a Form CDCR-22 Inmate Request for Interview indicating submission dates of February 4, 2013 and March 24, 2013, a SHU allowable Religious Property Matrix, and a Religious Property-Package form, All submitted items have been reviewed Per the CDCR allowable Religious Property Matrix for Segregated Housing (SHU) inmates, the items that you are requesting are not allowed. Inmates that are remanded to a Security Housing Units (SHU), are restricted to certain allowable property items. The penelogical interest for denial is justified, lawful, and proper in that the restrictions are implemented or put in place to prevent the safety and security of the institution from being compromised, These actions are in accordance with current departmental and institutional policies and procedures,
DECISION: Based on the above information, your appeal is DENIED at the First Level of review, in that the items that you are requesting are not allowed in either the institution or a segregated unit. If you are dissatisfied with this decision, you may appeal to the Second Level by following the instructions on your appeal form.
DECISION: Denied
EFFECTIVE COMMUNICATION: A TABE score was disclosed a reading level of 12.9; therefore effective communication is not required.
PROBLEM DESCRIPTION: You contend you are a real practitioner of the Black African "Shetaut Neter" faith and your beliefs, are sincerely held. You state you seek approval to possess the necessary items for effective worship, except candles, including the annual purchase of one 30 pound religious package consisting of but not limited to Kemetic Diet vegetarian based food items, Ankh amulet and chain, prayer rug and oils, cosmetics, clothing items, shoes writing materials, and clear electrical appliances. Practitioners of Shetant Neter must follow the specific tents of the kemetic diet. You content that prior to filing this grievance you exhausted a CDCR 22 form with institutional Chaplain. You then assert the memorandum and property matrix to the chaplains response is vague denies your right to possess items required for effective Shetant Neter worship burdens religious exercise, violate your federal rights "and the Religious Land Use Institutionalized Person act of Title 42 U.S.C. 2000 cc (RU>IPA)
ACTION REQUESTED: You are requesting to be allowed to possess all items for effective Shetaut Neter worship through the purchase of one annual 30 pound religious package as request herein, including food items that consist of but not limited to sun dried vegetables, fruits, nuts, seeds, breads, and organic food bars, You also request that you're clearly established federal right and the Religious Land Use Institutionalized Person act of Title 42 U.S.C. 2000 cc are not violated.
APPEAL RESPONSE: On August 8, 2013, you were interviewed by Correctional Lieutenant M. S. Robicheaux at the First Level Review (FLR). The appeal and attachments were reviewed, You provided no further evidence or documentation to support your claims beyond the information provided at the previous levels of review, Your appeal was reviewed and it was determined staff afforded you with an appropriate response at the FLR. The FLR indicates Correctional Lieutenant M. S. Robicaheaux informed you per the CDCR allowable Religious Property Matrix for Segregated Housing (SHU) inmates, the items that you are requesting are not allowed, Inmates that are remanded to SHU are restricted to certain allowable property items. The penelogical interest for denial is justified, lawful, and proper in that the restrictions are implemented or put in place to prevent the safety and security of the institution from being compromised. The actions arc in accordance with current, departmental and institutional policies and procedures. In regards to the Vegetarian diet, the 3030 religious diet form informs you of what the vegetarian diet contains. In receiving the diet list from our Food services department, the CRM has noticed that you are currently receiving the vegetarian diet. The vegetarian diet cannot be altered in any way as the CRM does not have the authority to do that. By signing the 3030 diet form, you are in agreement with the information/food contained within that specific diet.
Considering the above information, your requested action is Denied at the Second Level of Review. You should proceed to the next level of administrative review if you seek further relief.
May 20, 2014
Inmate Furnace, H33245
CSPC-6-13-06216APPEAL LOG # CSPC-6-13-06216 SECOND LEVEL RESPONSE (AMENDED)
DECISION: PARTIALLY GRANTED
APPEAL ISSUE: You contend that you are of the Black African "Shetaut Neter" Religion and you are seeking approval to have the necessary items for effective worship.
EFFECTIVE COMMUNICATION: Review of your TABE score disclosed a score of 12.9; therefore effective communication was is not required.
APPEAL REQUEST: You are requesting to be allowed "to purchase one 30 pound religious package consisting of but not limited to dried fruit and sun dried vegetables.
APPEAL RESPONSE: Your appeal, the attachments, and the California Code of Regulations (CCR) Title 15 have been reviewed. The appeal you submitted was denied at the First and Second Level at CSP-Corcoran. The appeal was reviewed at the Third Level, with the modification to have the institution review the appeal at the Religious Review Committee. The Religious Review Committee (RRC) at CSP-Corcoran reviewed your appeal on April 22, 2014. Per Departmental Operations Manual Section 54030.1, "Inmates shall be permitted to possess in their quarters/living areas, state-issued and authorized personal property as established in the current Matrix-Authorized Personal Property Schedule (APPS) Matrix-DOM 54030.20. The APPS is the primary reference for allowable inmate property and identifies limitations to the number of items allowed, dimension restrictions and cost/value limitations.
DECISION: Based oh the above information, your appeal is PARTIALLY GRANTED per the Modification Order as it pertains to reviewing the appeal with the RRC. The appeal is denied for the approval of purchasing a 30 pound package consisting of dried fruit and dried vegetables. The denial is based on the allowable amount that can be purchased according to the AAPS.
WHAT IS SHETAUT NETER - THE RELIGION OF ANCIENT AFRICA?
AND WHAT IS THE HISTORY OF SHETAUT NETER AND ITS INFLUENCE ON THE WORLD CIVILIZATIONS AND RELIGIONS?
Long ago, before any other civilization on earth arose, the Ancient Kamitian (Egyptian) Sages developed an extensive system of mythology and psychology as a means to assist human beings to develop to their full potential. This philosophy was called Smai Taui or Smai Heru Set (Egyptian Yoga). Who am I and what is this universe? These are questions which have perplexed humanity since the beginning of civilization. However, the Sages of ancient Africa were able to discover the secrets of the universe and of the innermost nature of the human heart. This discovery allowed them to create a civilization which lasted for tens of thousands of years and it enabled the creation of the magnificent monuments (Sphinx, Great Pyramids and Temples, which stand to this day. Also, Ancient Egyptian religion influenced and continues to influence the religions of Africa and other world of today such as Christianity, Hinduism and Islam. So what does this mean for us today? Many people have visited Egypt and have studied the work of Egyptologists but how many have been transformed into higher minded, more content, more powerful human beings who can rise to the challenges of life and aspire to achieve material and spiritual success? Many people have read about and studied Ancient Egyptian mythology but how is it possible to gain a deeper understanding of the mystical principles and how is it possible to integrate them into one's life so as to transform oneself into a higher being as the texts describe? How is it possible to go beyond the limited understanding of religion and the philosophy of modern culture which have not brought peace and prosperity to the world? In order to Succeed in Shetaut Neter one must also practice the Sema Tawi (Yoga) disciplines. When one practices the disciplines of Sema Tawi in Shetaut Neter this is called Shedy or "Studies and practices to penetrate the mysteries."
Visit www.egyptianyoga for more details.
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EXHIBIT COVER PAGE
[D]
Exhibit
Description of exhibit:
Number of pages to this exhibit: 8
Jurisdiction: (check one only)
[ ] Municipal Court
[ ] Superior Court
[ ] Appellate Court
[ ] State Supreme Court
[ ] United States District Court
[ ] State Circuit Court
[ ] United States Supreme Court
[ ] Grand Jury
EXHIBIT COVER PAGE
[E]
Exhibit
Description of exhibit:
Number of pages to this exhibit: 2
Jurisdiction: (check one only)
[ ] Municipal Court
[ ] Superior Court
[ ] Appellate Court
[ ] State Supreme Court
[ ] United" States District Court
[ ] State Circuit Court
[ ] United States Supreme Court
[ ] Grand Jury
INSTRUCTIONS FOR COMPLETING FORM USM-285
After the court has issued an order granting your application to proceed without prepayment of fees and directing that service of process be made by the United States Marshal, you must complete an original USM-285 form for each individual defendant named in your action.
1. PLAINTIFF: Print your name.
2. COURT CASE NUMBER: Print the complete case number listed on your complaint.
3. DEFENDANT: Print the name of one defendant on each separate form.
4. TYPE OF PROCESS: Print "Summons and Complaint."
5. SERVE AT: Enter the name and address for service of one defendant on each individual USM-285 form.
6. SEND NOTICE OF SERVICE TO REQUESTER AT: Enter your name and mailing address.
7. NUMBER OF PROCESS TO BE SERVED WITH THIS FORM - 285: 1.
8. NUMBER OF PARTIES TO BE SERVED IN THIS CASE: Enter the number of defendants you have named in your suit.
9. CHECK FOR SERVICE ON U.S.A.: Check ONLY if the defendant listed on the form is an entity of the U.S. Government.
10. Sign and date the form, check the box marked "PLAINTIFF" and enter your telephone number (if one is available).
[ ] If you are the plaintiff and are currently incarcerated, you must return the completed USM-285 forms to the Clerk's Office at 2500 Tulare Street, Room 1501, Fresno, CA 93721, together with the following:
1. An original Summons for each defendant to be served;
2. A file-endorsed copy of the complaint to be served on each individual defendant;
3. One copy of the complaint for the U.S. Marshal's file.
4. The completed "Notice of Submission of Documents" form enclosed herewith.
PLEASE NOTE that only the defendants against whom the court has determined you have a cognizable claim will be served.
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
Plaintiff hereby submits the following documents in compliance with the court's order filed ______________.