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United States District Court

Eastern District of California 

Steven Williams, Sr.,

Plaintiff, No. Civ. S 04-1167 LKK PAN P

vs. Order

Sgt. Nuchols, et al.,

Defendants.

-oOoPlaintiff is a state prisoner without counsel seeking to

commence a civil rights action. This proceeding was referred to

this court by Local Rule 72-302 pursuant to 28 U.S.C.

§ 636(b)(1). 

Plaintiff requests leave to proceed in forma pauperis

pursuant to 28 U.S.C. § 1915 and has submitted a declaration that

makes the showing required by 28 U.S.C. § 1915(a). Plaintiff is

required to pay the statutory filing fee of $150 for this action. 

28 U.S.C. §§ 1914(a), 1915(b)(1). Plaintiff is obligated for 

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2

monthly payments of 20 percent of the preceding month’s income

credited to plaintiff’s prison trust account. These payments

will be forwarded by the appropriate agency to the Clerk of the

Court each time the amount in plaintiff’s account exceeds $10,

until the filing fee is paid in full. 28 U.S.C. § 1915(b)(2).

The complaint states cognizable claims for relief against

defendants Nuchols, Blythe, Hoven and Eubanks pursuant to 42

U.S.C. § 1983 and 28 U.S.C. § 1915A(b). 

Accordingly, the court hereby orders that:

1. Plaintiff's request for leave to proceed in forma

pauperis is granted.

2. Plaintiff is obligated to pay the statutory filing fee

of $150 for this action. 

3. Service is appropriate for defendants Nuchols, Blythe,

Hoven and Eubanks.

4. The Clerk of the Court shall send plaintiff four USM-285

forms, one summons, an instruction sheet and one copy of the June

21, 2004, pleading.

5. Within 30 days from service of this order, plaintiff

shall complete the attached Notice of Submission of Documents and

submit it to the court with the completed summons and USM-285

forms and five copies of the June 21, 2004, pleading.

6. Upon receipt of the necessary materials, the court will

direct the United States Marshal to serve defendants Nuchols,

Blythe, Hoven and Eubanks pursuant to Federal Rule of Civil

Procedure 4 without payment of costs. 

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7. The complaint does not seek injunctive relief. April

29, 2005, plaintiff moved for a preliminary injunction based on

actions allegedly taken after the complaint was filed, by

officials not named as defendants herein. Plaintiff’s motion is

denied without prejudice as outside the scope of the pleading. 

Plaintiff may seek leave to supplement and amend the pleading to

add new claims against new defendants and pray for injunctive

relief, but if he does so before defendants Nuchols, Blythe,

Hoven and Eubanks appear it inevitably will delay service of

process as approved herein. 

Dated: January 19, 2006. 

 /s/ Peter A. Nowinski 

 PETER A. NOWINSKI

 Magistrate Judge

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United States District Court

Eastern District of California 

Steven Williams,

Plaintiff, No. Civ. S 04-1167 LKK PAN P

vs. Notice of Submission of Documents

Sgt. Nuchols, et al.,

Defendants.

-oOoPlaintiff hereby submits the following documents in

compliance with the court's order filed :

 completed summons form

 completed forms USM-285 

 copies of the 

 Complaint

Dated: 

 _________________________________

Plaintiff

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