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United States District Court

Eastern District of California 

Paul Loutzenhiser,

Plaintiff, No. Civ. S 04-1937 LKK PAN P

vs. Order

Alvaro C. Traquina, et al.,

Defendants.

-oOoPlaintiff is a state prisoner without counsel prosecuting a

civil rights action. 

The case proceeds on the September 16, 2004, complaint

against defendants Traquina, Webster and Cervantes; claims

against defendant Franklin were stayed January 4, 2006, because

he is in bankrupty proceedings. 

Plaintiff’s right leg is an inch shorter than his left, and

he claims constitutional violations stemming from prison

officials’ failure to provide a lift for his shoe. Plaintiff’s

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claims involve prison instructions and protocols for obtaining

medical prosthetic devices. In findings and recommendations made

August 22, 2005, I invited plaintiff to amend his pleading to

include claims against those responsible for creating the

instructions and protocols. 

November 1, 2005, plaintiff moved for leave to file an

amended complaint. His proposed “amended” complaint is in fact a

supplemental and amended complaint, because it adds claims based

on events after this action commenced. It names all current

defendants plus Carey, Thor, Riggins and Altchek. 

Plaintiff served his motion on defendants Traquina, Webster

and Cervantes. The prison will not allow him to make an

additional copy and thus the motion was not served on Franklin,

who is represented by outside counsel. None of the defendants

have opposed amendment.

Good cause appearing, the court hereby orders that:

1. Plaintiff’s November 1, 2005, motion to amend is

granted. The Clerk of the Court shall file plaintiff’s proposed

amended pleading, describing it in the docket as “amended and

supplemental complaint.” 

2. Defendants Traquina, Webster and Cervantes shall respond

to the pleading within 30 days.

3. Service is appropriate for defendants Carey, Thor

Riggins and Altchek.

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

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

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amended and supplemental complaint. 

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 amended and supplemental complaint. 

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

direct the United States Marshal to serve defendants Carey, Thor

Riggins and Altchek pursuant to Federal Rule of Civil Procedure 4

without payment of costs.

Dated: January 24, 2006. 

 /s/ Peter A. Nowinski 

 PETER A. NOWINSKI

 Magistrate Judge

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United States District Court

Eastern District of California 

Paul Douglas Loutzenhiser,

Plaintiff, No. Civ. S 04-1937 LKK PAN P

vs. Notice of Submission of Documents

Alvaro C. Traquina, 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 

 Amended and Supplemental Complaint

Dated: 

 _________________________________

Plaintiff

Case 2:04-cv-01937-LKK -PAN Document 66 Filed 01/25/06 Page 4 of 4