Gonzalez v. Razo et al

Filing 43

ORDER GRANTING In Part Plaintiff's 41 Motion for Copy of Service Documents, Extension of Time, and Leave to Amend; ORDER DIRECTING Clerk of Court to Send Plaintiff a Copy of Order, and To Send Plaintiff's Counsel a Copy of the Order Finding Service of Complaint Appropriate 36 , signed by Magistrate Judge Erica P. Grosjean on 2/22/17. (Copy of this order will be sent to Plaintiff at address listed on doc 41 ). (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MANUEL ANTONIO GONZALEZ,
Plaintiff,

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v.

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J. RAZO, et al.,

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1:15-cv-01098-DAD-EPG (PC)
ORDER GRANTING IN PART PLAINTIFF’S
MOTION FOR COPY OF SERVICE
DOCUMENTS, EXTENSION OF TIME, AND
LEAVE TO AMEND
(ECF NO. 41)

Defendants.

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ORDER DIRECTING CLERK OF COURT TO
SEND PLAINTIFF A COPY OF ORDER, AND
TO SEND PLAINTIFF’S COUNSEL A COPY
OF THE ORDER FINDING SERVICE OF
COMPLAINT APPROPRIATE

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(ECF NO. 36)

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Manuel Antonio Gonzalez (“Plaintiff”) is a state prisoner, and is the plaintiff in this civil
rights action filed pursuant to 42 U.S.C. § 1983, which includes attendant state law claims.

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On February 13, 2017, Plaintiff filed a motion (“the Motion”) asking the Court to send his

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counsel a copy of the service documents, for an extension of time of sixty days for his counsel to

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complete and return the service documents, and for his counsel to have leave to amend the

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complaint if necessary. (ECF No. 41).

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The Motion will be granted in part. To begin, the Court notes that Plaintiff’s counsel

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should already have access to the necessary service documents, and therefore should not need the

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Court to send him copies. Additionally, if Plaintiff’s counsel needs additional time to meet
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deadlines in this case, he can request it himself. Finally, if Plaintiff’s counsel believes that an

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amended complaint is necessary, he can file a motion for leave to amend. Plaintiff should not be

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filing motions on his counsel’s behalf. Now that counsel is in the case, counsel must appear for

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Plaintiff.

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However, given that Plaintiff’s counsel only recently substituted into the case, and that he

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substituted into the case after the Court entered its order finding service of the complaint

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appropriate, the Court will grant Plaintiff’s motion insofar as it requests that a copy of the order

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finding service of the complaint appropriate be sent to Plaintiff’s counsel, and will grant

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Plaintiff’s counsel an additional thirty days from the date of service of this order to complete and

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return the service documents.
Accordingly, based on the foregoing, IT IS HEREBY ORDERED that:

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1. The Motion is GRANTED IN PART;

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2. The Clerk of Court is directed to send Plaintiff’s counsel a copy of the Court’s

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order finding service of the complaint appropriate (ECF No. 36);
3. Plaintiff’s counsel is granted 30 days from the date of service of this order to

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complete and return the service documents;

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4. Plaintiff’s request for leave to amend is denied, without prejudice; and

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5. The Clerk of Court is directed to send Plaintiff a copy of this order.

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IT IS SO ORDERED.

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Dated:

February 22, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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