Hanna v. Mariposa County Sheriff Dept. et al

Filing 18

ORDER signed by Magistrate Judge Dennis L. Beck on 12/3/2012 vacating 14 FINDINGS AND RECOMMENDATIONS and directing Clerk to re-serve documents 12 Order, 13 Order. (Case Management Deadline: 1/7/2013 for Plaintiff to return documents).(Lundstrom, T)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RICHARD C. HANNA,

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Plaintiff,
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vs.
MARIPOSA SHERIFF DEPT, et al.,
Defendants.

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1:12cv0501 AWI DLB
ORDER VACATING FINDINGS AND
RECOMMENDATIONS
(Document 14)
ORDER DIRECTING CLERK TO
RE-SERVE DOCUMENTS 12 AND 13
ORDER DIRECTING PLAINTIFF TO
RETURN DOCUMENTS

Plaintiff Richard C. Hanna (“Plaintiff”), appearing pro se and proceeding in forma

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pauperis, filed the instant action on April 2, 2012.
On June 25, 2012, the Court issued an order finding service of the complaint proper and
instructing Plaintiff to complete and return service documents within thirty (30) days. On

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August 20, 2012, after more than thirty (30) days had passed and Plaintiff had not returned the

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documents, the Court issued Findings and Recommendations regarding dismissal of the action.

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On September 5, 2012, the Findings and Recommendations were returned by the United
States Postal Service as undeliverable.
On October 31, 2012, Plaintiff submitted a Notice of Change of Address. The Court
re-served the Findings and Recommendations on November 1, 2012.

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On November 29, 2012, Plaintiff filed a document entitled, “Objections” and explained

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that he had not received the prior documents. Contrary to Plaintiff’s belief, this action has NOT
been dismissed.
Accordingly, because Plaintiff filed a timely Notice of Address Change, the Court

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VACATES the August 20, 2012, Findings and Recommendations.
The Clerk of the Court is ORDERED to RE-SERVE the Informational Order (Document

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12) and the Order Directing Plaintiff to Return Service Documents, including USM instructions

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(Document 13).

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Plaintiff SHALL RETURN THE SERVICE DOCUMENTS, as explained in the June 25,
2012, order, within thirty (30) days of the date of service of this order.

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Failure to comply may result in a recommendation that this action be dismissed.

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IT IS SO ORDERED.

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Dated:
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/s/ Dennis

December 3, 2012

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

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L. Beck

3b142a

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