Saunders v. Saunders et al

Filing 63

ORDER, signed by District Judge Raner Collins on 3/12/12. Plaintiff shall submit the Notice of Submission of Documents on or before March 30, 2012. (Gonzalez, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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Jason Saunders,
Plaintiff,

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vs.

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Jerry Saunders, et al.,
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Defendants.
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No. CV 1-05-0699-RCC
ORDER

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In its Order dated February 14, 2012 the Court pre-screened Plaintiff’s Third Amended

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Complaint. (Doc. 61). The Court found that Plaintiff stated a claim for relief in Count Five

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against Defendants Rodriguez, Martins, Davis, Fouch, Mayfield, Warren, Chapman, Tileton,

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Dubsky, Nunez, Moreno, Lozano, Lowder, Barba, Green, Gaspar, Gatten, Cunningham,

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Petsas, Franscois, and Smith related to denial of bedding, clothing, toiletries, and toilet paper.

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(Id.). The Court ordered Plaintiff to submit within 30 days the Notice of Submission of

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Documents along with the documentation necessary for completion of service by the United

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States Marshals Service. (Id.).

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On March 2, 2012, Plaintiff filed objections to the Court’s February 14 Order. (Doc. 62).

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The Court will take the document under advisement as a motion for reconsideration because

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it is improper to object to an order of the Court. The Court further notes that simply filing

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a motion for reconsideration does not relieve Plaintiff of his duty to comply with the Court’s

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February 14 Order. Accordingly,

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IT IS ORDERED Plaintiff’s objections to the Court’s February 14 Order (Doc. 62) are
taken under advisement as a motion for reconsideration.

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IT IS FURTHER ORDERED extending the time for Plaintiff to file the Notice of

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Submission of Documents as required by the Court’s February 14 Order. Plaintiff shall

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submit the Notice of Submission of Documents on or before March 30, 2012. Plaintiff’s

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deadline to submit the Notice of Submission of Documents is independent of the Court’s

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ruling on his motion for reconsideration. If Plaintiff fails to timely submit the Notice of

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Submission of Documents, the Court will dismiss this action for failure to comply with a

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Court order pursuant to FED.R.CIV.P. 41(b) and failure to serve pursuant to FED.R.CIV.P.

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4(m).
DATED this 12th day of March, 2012.

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