Melendez v. Biter et al

Filing 20

ORDER Regarding Plaintiff's Response; ORDER DIRECTING Clerk of Court to Mail Plaintiff an Endorsed Copy of the Second Amended Complaint, dated June 5, 2014, signed by Magistrate Judge Barbara A. McAuliffe on 8/7/14.(30-Days) (Attachments: # 1 Amended Complaint, dated June 5, 2014)(Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CAYETANO MELENDEZ,

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Plaintiff,

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v.

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HUNT, et al.,

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Defendants.

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1:13-cv-00279-AWI-BAM (PC)
ORDER REGARDING PLAINTIFF’S
RESPONSE
ORDER DIRECTING CLERK OF COURT
TO MAIL PLAINTIFF AN ENDORSED
COPY OF THE SECOND AMENDED
COMPLAINT
(ECF Nos. 16, 17, 18, 19)

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Plaintiff Cayetano Melendez (“Plaintiff”) is a prisoner proceeding in forma pauperis in

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this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff, through limited-appointment

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counsel, filed his second amended complaint on June 5, 2014. The Court screened the complaint

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pursuant to 28 U.S.C. § 1915A, and found that it stated cognizable claims against: (1) Defendant

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Hunt for excessive force, inhumane conditions of confinement and deliberate indifference to

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serious medical needs in violation of the Eighth Amendment; and (2) Defendants Arriola and

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Cruz for failure to intervene in violation of the Eighth Amendment.1

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On June 6, 2014, the Court instructed the Clerk of the Court to send Plaintiff USM-285

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forms, summonses, a Notice of Submission of Documents form, an instruction sheet and a copy

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of the second amended complaint filed June 5, 2014. The Court ordered Plaintiff to complete the

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Plaintiff also names DOE defendants. The Court will not order service of any DOE defendants unless and until
an amended complaint is filed identifying such defendants.
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Notice of Submission of Documents and submit it to the Court within thirty days, along with

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completed summonses, a USM-285 for each defendant, and four (4) copies of the endorsed

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second amended complaint filed on June 5, 2014. (ECF No. 16.)

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On July 28, 2014, Plaintiff submitted his Notice of Submission of Documents, which

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included three summonses and three completed USM-285 forms. However, Plaintiff failed to

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submit the required copies of the second amended complaint. (ECF No. 17.)

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On July 29, 2014, the Court directed Plaintiff to submit four (4) copies of the endorsed
second amended complaint within thirty days. (ECF No. 18.)
On August 4, 2014, Plaintiff submitted a response to the Court’s order. According to his

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response, Plaintiff twice attempted to mail forms to the Court, including the summons and

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complaint, without success. Plaintiff reports that he no longer has copies to mail. (ECF No. 19.)

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Generally, the Clerk’s Office will provide copies for Plaintiff at a cost of $0.50 per page.

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The Court will make an exception in this instance and will direct the Clerk’s Office to provide a

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copy of the endorsed second amended complaint at no charge. However, Plaintiff is advised that

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any further copies will need to be paid for by Plaintiff and that it is his responsibility to maintain

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copies of all documents submitted to the Court for filing.

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Accordingly, it is HEREBY ORDERED as follows:

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1.

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The Clerk’s Office shall mail Plaintiff a copy of the second amended complaint

filed June 5, 2014;
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Within thirty (30) days from the date of this Order, Plaintiff SHALL SUBMIT

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four (4) copies of the endorsed second amended complaint filed on June 5, 2014. Upon receipt,

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the Court will direct the United States Marshal to serve the above-named defendants pursuant to

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Federal Rule of Civil Procedure 4 without payment of costs; and

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3.

Plaintiff’s failure to comply with this Order will result in dismissal of this action.

IT IS SO ORDERED.
Dated:

/s/ Barbara

August 7, 2014

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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