Meadows v. Reeves, et al.

Filing 29

ORDER Regarding Service of the Second Amended Complaint, signed by Magistrate Judge Sandra M. Snyder on 10/9/12. 20-Day Deadline. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MICHANN MEADOWS,

CASE NO. 1:11-cv-00257-SMS PC

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Plaintiff,

ORDER REGARDING SERVICE OF THE
SECOND AMENDED COMPLAINT

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v.
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DR. REEVES, et al.,

RESPONSE DUE IN TWENTY (20) DAYS

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Defendants.
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/

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On February 14, 2011, Michann Meadows (“Plaintiff”), a state prisoner proceeding pro se
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and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983. (Doc. 1.) On
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August 5, 2011, the Court issued a screening order, dismissing Plaintiff’s complaint, with leave to
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amend. (Doc. 9.) On September 26, 2011, Plaintiff filed the First Amended Complaint (Doc. 14)
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which was screened and dismissed for failure to state a claim (Doc. 16). Judgment was subsequently
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entered. (Doc. 17.)
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Upon subsequent review, the First Amended Complaint stated at least one cognizable claim
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such that the dismissal of the action and judgment entered against Plaintiff was vacated to prevent
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manifest injustice. (Docs. 14, 18.) Counsel was appointed in this case and an extension of time to
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file the Second Amended Complaint was requested and granted. (Docs. 19, 23, 26.) The Second
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Amended Complaint was filed on October 1, 2012. (Doc. 28.)
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Accordingly, IT IS ORDERED THAT Plaintiff’s counsel shall notify the Court within twenty
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(20) days whether she intends to have service of the Second Amended Complaint effected on the
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named defendants, or whether she wants the Court to order the United States Marshal to effect

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service.1

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IT IS SO ORDERED.

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Dated:
icido3

October 9, 2012

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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Plaintiff is entitled to service by the United States Marshal in light of her in forma pauperis status. 28
U.S.C. § 1915(d); Fed. R. Civ. P. 4(c)(3)

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