Hunter v. Youngblood et al

Filing 27

ORDER VACATING FINDINGS AND RECOMMENDATIONS of October 29, 2009 23 ; ORDER Providing Plaintiff Another Opportunity to Comply With the Court's Order; ORDER for Clerk to Send Plaintiff Another Copy of the Court's Order of September 3, 2009, and the Service Documents for Plaintiff to Complete and Return to the Court, signed by Magistrate Judge Gary S. Austin on 1/4/10. (Hellings, J)

Download PDF
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 / Plaintiff is a state prisoner proceeding with a civil rights action pursuant to 42 U.S.C. § 1983. On October 29, 2009, the court issued findings and recommendations to dismiss plaintiff's case for failure to comply with the court's order of September 3, 2009, which ordered plaintiff to complete service documents and submit them to the court. (Doc. 23.) On November 17, 2009, plaintiff filed objections to the findings and recommendations, expressing bewilderment why the court would recommend dismissal of this action and why the court has not proceeded with service. (Doc. 24.) It appears to the court from plaintiff's 1 Defendants. ORDER FOR CLERK TO SEND PLAINTIFF ANOTHER COPY OF THE COURT'S ORDER OF SEPTEMBER 3, 2009, AND THE SERVICE DOCUMENTS FOR PLAINTIFF TO COMPLETE AND RETURN TO THE COURT (Doc. 19.) vs. YOUNGBLOOD, et al., ORDER PROVIDING PLAINTIFF ANOTHER OPPORTUNITY TO COMPLY WITH THE COURT'S ORDER LEROY DEWITT HUNTER, Plaintiff, 1:07-cv-00373-LJO-GSA-PC ORDER VACATING FINDINGS AND RECOMMENDATIONS OF OCTOBER 29, 2009 (Doc. 23.) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 objections that plaintiff did not receive the court's order requiring him to return the service documents. Therefore, good cause appearing, plaintiff shall be provided another opportunity to comply with the court's order. The court shall vacate the findings and recommendations and send plaintiff another copy of the court's order along with the service documents. In accordance with the above, IT IS HEREBY ORDERED that: 1. 2. The findings and recommendations of October 29, 2009, are VACATED; Plaintiff shall be provided another opportunity to comply with the court's order of September 3, 2009; and 3. The Clerk is DIRECTED to send to Plaintiff another copy of the court's order of September 3, 2009 (Doc. 19.), along with the service documents for plaintiff to complete and return to the court. IT IS SO ORDERED. Dated: 6i0kij January 4, 2010 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?