(PC) Hanka v. Lorigan

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA RYAN J. HANKA, No. 2:25-cv-0564 DAD CKD P 12 Plaintiff, 13 v. ORDER AND MATHEW LORIGAN, et al., FINDINGS AND RECOMMENDATIONS 15 Defendants.

17 Plaintiff is a Sacramento County Jail prisoner proceeding pro se and seeking relief pursuant to 42 U.S.C. § 1983. On February 28, 2025, plaintiff’s complaint was dismissed with leave to amend. Plaintiff has now filed an amended complaint.

20 The court is required to screen complaints brought by prisoners seeking relief against a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally “frivolous or malicious,” that fail to state a claim upon which relief may be granted, or that seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1),(2).

25 Having conducted the required screening, the court finds that plaintiff can proceed on claims arising under the Fourth Amendment for excessive force against defendants Trummel, Lorigan and Manitta. Therefore, the court will order that plaintiff provide information to the court so that those defendants can be served with process. No other claims are stated in plaintiff’s complaint. Therefore, the court will recommend that any other potential claims and defendants be dismissed.

3 In accordance with the above, IT IS HEREBY ORDERED that: 4 1. Service is appropriate for defendants Lorigan, Trummel and Manitta.

5 2. The Clerk of the Court shall send plaintiff three USM-285 forms, one summons, an instruction sheet and a copy of the March 24, 2025 amended complaint.

7 3. Within thirty days from the date of this order, plaintiff shall complete the attached Notice of Submission of Documents and submit the following documents to the court: 9 a. The completed Notice of Submission of Documents; 10 b. One completed summons; 11 c. One completed USM-285 form for each defendant listed in number 1 above; and 13 d. Four copies of the amended complaint.

14 4. Plaintiff need not attempt service on defendants and need not request waiver of service.

15 Upon receipt of the above-described documents, the court will direct the United States Marshal to serve the above-named defendants pursuant to Federal Rule of Civil Procedure 4 without payment of costs.

18 IT IS HEREBY RECOMMENDED that all claims and defendants other than claims arising under the Fourth Amendment for excessive force against defendants Trummel, Lorigan and Manitta be dismissed.

21 These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days after being served with these findings and recommendations, plaintiff may file written objections with the court. The document should be captioned “Objections to Magistrate Judge’s Findings ///// ///// ///// ///// | and Recommendations.” Plaintiff is advised that failure to file objections within the specified || time waives the right to appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th || Cir. 1991).

4 | Dated: March 27, 2025 Card ke yy a 5 CAROLYN K DELANEY?

6 UNITED STATES MAGISTRATE JUDGE 9} 1 hank0564.1 1] 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA RYAN J. HANKA, No. 2:25-cv-0564 DAD CKD P 12 Plaintiff, 13 v. NOTICE OF SUBMISSION MATHEW LORIGAN, et al., OF DOCUMENTS 15 Defendants.

17 Plaintiff submits the following documents in compliance with the court's order filed _____________________: 19 ____ completed summons form 20 ____ completed USM-285 forms 21 ____ copies of the ___________________ Amended Complaint DATED: 25 ____________________ Plaintiff