CALHOUN v. GOMEZ, 2:12-cv-2856-GEB-EFB P. (2014)
Court: District Court, E.D. California
Number: infdco20140513g28
Visitors: 3
Filed: May 12, 2014
Latest Update: May 12, 2014
Summary: ORDER EDMUND F. BRENNAN, Magistrate Judge. Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. 1983. On April 8, 2014, the court ordered plaintiff to submit the necessary documents to effectuate service of process on defendant Green through the United States Marshal. ECF No. 39. Plaintiff subsequently notified the court that he has new information for service of process, but failed to submit the necessary documents to effect service. ECF No. 42. It
Summary: ORDER EDMUND F. BRENNAN, Magistrate Judge. Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. 1983. On April 8, 2014, the court ordered plaintiff to submit the necessary documents to effectuate service of process on defendant Green through the United States Marshal. ECF No. 39. Plaintiff subsequently notified the court that he has new information for service of process, but failed to submit the necessary documents to effect service. ECF No. 42. It i..
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ORDER
EDMUND F. BRENNAN, Magistrate Judge.
Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983.
On April 8, 2014, the court ordered plaintiff to submit the necessary documents to effectuate service of process on defendant Green through the United States Marshal. ECF No. 39. Plaintiff subsequently notified the court that he has new information for service of process, but failed to submit the necessary documents to effect service. ECF No. 42. It is plaintiff's responsibility to provide the documents required for service of process, and plaintiff has not complied with the court's order. To effect service, plaintiff must submit the completed form USM-285 as previously ordered.
In addition, the court notes that plaintiff filed objections to the undersigned's April 9, 2014 findings and recommendations, which recommended dismissal of defendant Merriweather. ECF No. 41. In the objections, dated April 17, 2014, plaintiff states he needs a 30 day extension of time to do relevant research. ECF No. 41. In light of plaintiff's filing, that court will hold the April 9, 2014 findings and recommendations in abeyance.
Accordingly, IT IS HEREBY ORDERED that:
1. Within 21 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 form USM-285. Failure to comply with this order may result in dismissal of defendant Green.
2. The Clerk of the Court shall send plaintiff a USM-285 form.
3. The April 9, 2014 findings and recommendations are held in abeyance, and plaintiff has until May 18, 2014 to file an appropriate motion related to defendant Merriweather. Should plaintiff fail to timely comply, those findings and recommendations will be submitted to the district judge for consideration.
Source: Leagle
