(PC) Campbell v. Smith

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SENARBLE CAMPBELL, No. 2:21-cv-01172-KJM-CKD P Plaintiff, v. FINDINGS AND RECOMMENDATIONS ASHLEY SMITH, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. This case is proceeding on Eighth Amendment deliberate indifference and ADA/RA claims against defendants Ashley Smith and Scott Ivey. ECF No. 6 (service order). While defendant Ivey agreed to waive service of process, ECF No. 12, defendant Ashley Smith could not be located as being employed as a psychologist at Mule Creek State Prison. ECF No. 14. As a result, plaintiff was ordered to complete and return service paperwork in order to properly serve defendant Smith. ECF No. 14. While plaintiff returned the forms, he listed defendant as “Scott Smith” and provided the same service address at Mule Creek State Prison that had already been attempted. ECF No.…