Armstrong v. Cahlander et al

Filing 14

ORDER VACATING 11 Findings and Recommendation That the Action be Dismissed for Failure to Comply With a Court Order; ORDER GRANTING Plaintiff Extension of Time to Complete and Return Service Documents, signed by Magistrate Judge Dennis L. Beck on 8/3/2015. (Thirty Day Deadline to Submit Service Documents.) (Marrujo, C)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

NORWOOD ARMSTRONG,

12
13
14
15

Plaintiff,
v.

Case No. 1:14-cv-01096 LJO DLB PC
ORDER VACATING FINDINGS AND
RECOMMENDATION THAT THE ACTION
BE DISMISSED FOR FAILURE TO COMPLY
WITH A COURT ORDER

L. CAHLANDER, et al.,
Defendants.

ORDER GRANTING PLAINTIFF
EXTENSION OF TIME TO COMPLETE AND
RETURN SERVICE DOCUMENTS

16
17
18
19

Plaintiff Norwood Armstrong, (“Plaintiff”), a state prisoner proceeding pro se and in forma
pauperis, filed this civil rights action on July 14, 2014.
On June 5, 2015, the Court screened the complaint and found it stated a claim of excessive

20

force under the Eighth Amendment against Correctional Officers L. Cahlander, F. Gonzales, and D.

21

Perez, and a claim of deliberate indifference under the Eighth Amendment against Sergeant J.

22

Gonzales and Nurse D. Niemiev. Service was authorized, and Plaintiff was provided with service

23

documents for completion and return within thirty days. Over thirty days passed and Plaintiff failed

24

to return the completed service documents.

25

On July 17, 2015, the Court issued a Findings and Recommendation that the action be

26

dismissed for failure to comply with a court order. On July 30, 2015, Plaintiff filed objections to the

27

Findings and Recommendation. Plaintiff states that he was separated from his property and legal

28

material on June 20, 2015, and placed in administrative segregation pending a move to Salinas
1

1
2
3

Valley State Prison. Plaintiff states he was transferred on July 8, 2015, and still has not been
provided his property. He states he has not been able to meet the deadline or provide the Court with
an address until now.

4
Good cause having been presented and good cause appearing therefor, the Court HEREBY
5
VACATES the Findings and Recommendation of July 17, 2015. Plaintiff is GRANTED an
6
extension of time of thirty (30) days from the date of service of this order to complete and return
7
service documents.
8
9

IT IS SO ORDERED.

10
11

Dated:

/s/ Dennis

August 3, 2015

L. Beck

UNITED STATES MAGISTRATE JUDGE

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2