Thomas v. Garcia et al

Filing 39

ORDER GRANTING 38 Motion for Issuance of New Summons for Defendant M.P.Garcia; Clerk of the Court is directed to issue and send Plaintiff one (1) summons, signed by Magistrate Judge Dennis L. Beck on 7/13/2010. (Service of Process Deadline: 9/20/2010) (Marrujo, C)

(PC) Thomas v. Garcia et al

Doc. 39

1 2 3 EASTERN DISTRICT OF CALIFORNIA 4 5 JEAN-PIERRE K. THOMAS, 6 7 v. Plaintiff, 1:08-CV-00689-OWW-DLB PC ORDER GRANTING REQUEST FOR ISSUANCE OF NEW SUMMONS FOR DEFENDANT M. P. GARCIA (ECF NO. 38) Defendants. / 10 11 Plaintiff Jean-Pierre K. Thomas ("Plaintiff") is a prisoner in the custody of the California SERVICE OF PROCESS DEADLINE EXTENDED SIXTY DAYS

UNITED STATES DISTRICT COURT

8 M. GARCIA, et al., 9

12 Department of Corrections and Rehabilitation ("CDCR"). Plaintiff is proceeding pro se in this 13 civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding against Defendants 14 Bonilla and M. Garcia for violation of the Eighth Amendment. Pending before the Court is 15 Plaintiff's motion requesting issuance of a new summons. Plaintiff contends that the correct 16 name of Defendant is "M. P. Garcia," not "M. Garcia." (Mot. 1.) Plaintiff contends there are at 17 least four officers named M. Garcia at Kern Valley State Prison. (Mot. 2.) 18 19 20 21 22 23 24 25 26 27 3b142a 28 1
Dockets.Justia.com

The Court will grant Plaintiff's request. Accordingly, it is HEREBY ORDERED that 1. 2. The Clerk of the Court is directed to issue and send Plaintiff one (1) summons; Plaintiff shall complete service of process on Defendant M. P. Garcia, pursuant to the Court's October 20, 2009 Order (ECF No. 20), within sixty (60) days from the date of service of this order; and 3. Plaintiff's failure to timely complete service of the complaint on Defendant M. P. Garcia may result in dismissal of this action against that defendant. Fed. R. Civ. P. 4(m). IT IS SO ORDERED. Dated:

July 13, 2010

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE