Okoroanyanwu v. MV Transportation, Inc.

[5] 6 UNITED STATES DISTRICT COURT [7] EASTERN DISTRICT OF CALIFORNIA [8] KIZITO OKOROANYANWU, Case No. 1:20-cv-00584-AWI-SKO [9] Plaintiff, 10 v. ORDER FINDING SERVICE OF SECOND AMENDED COMPLAINT 11 MV TRANSPORTATION, INC., APPROPRIATE AND FORWARDING SERVICE DOCUMENTS TO PLAINTIFF 12 Defendant. / FOR COMPLETION AND RETURN WITHIN THIRTY DAYS [13] (Doc. 10) [14] THIRTY (30) DAY DEADLINE [16] 17 Plaintiff Kizito Okoroanyanwu is proceeding pro se and in forma pauperis in this civil action 18 brought pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title 19 VII”). The Court has screened Plaintiff's Second Amended Complaint pursuant to 28 U.S.C. § 1915 [20] and finds that it states cognizable Title VII claims against Defendant MV Transportation, Inc. 1 Fed. 21 R. Civ. P. 8(a); Arizona ex rel. Horne v. Geo Grp., Inc., 816 F.3d 1189, 1206 (9th Cir. 2016); Poland 22 v. Chertoff, 494 F.3d 1174 , 1179–80 (9th Cir. 2007); Peterson v. Hewlett-Packard Co., 358 F.3d 23 599, 603 (9th Cir. 2004); Hemmings v. Tidyman's Inc., 285 F.3d 1174 , 1190 (9th Cir. 2002). 24 Accordingly, it is HEREBY ORDERED that: 25 1. Service is appropriate on the following defendant: 26 MV Transportation, Inc. 27 2. The Clerk of Court shall send Plaintiff one (1) USM-285 form, one (1) summons, a Notice [28] 1 of Submission of Documents form, an instruction sheet, and a copy of the Second Amended 2 Complaint, filed September 17, 2020 (Doc. 7). 3 3. Within thirty (30) days from the date of this order, Plaintiff shall complete the attached 4 Notice of Submission of Documents and submit it to the Court with the following 5 documents: 6 a. A completed summons for the defendant listed above; 7 b. A completed USM-285 form for the defendant listed above; and 8 c. Two (2) copies of the endorsed Second Amended Complaint, filed September 17, 9 2020 (Doc. 7). 10 4. Plaintiff need not attempt service on the defendant and need not request waiver of service. 11 Upon receipt of the above-described documents, the Court will direct the United States 12 Marshal to serve the above-named defendant pursuant to Federal Rule of Civil Procedure 4 13 without payment of costs. 14 5. The failure to comply with this order will result in a recommendation that this action 15 be dismissed. [16] IT IS SO ORDERED. [17] Sheila K. Oberto 18 Dated: January 28, 2021 /s/ . UNITED STATES MAGISTRATE JUDGE