Rhodes v. Fresno County, et al.

Filing 41

ORDER Discharging Order to Show Cause and Directing Clerk of Court to Re-Serve Court's March 16, 2017, Order Along with the Necessary Service Documents signed by Magistrate Judge Stanley A. Boone on 05/16/2017. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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PERCY LEE RHODES,

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Plaintiff,

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v.

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FRESNO COUNTY, et al.,

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Defendants.

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Case No.: 1:15-cv-01714-SAB (PC)
ORDER DISCHARGING ORDER TO SHOW
CAUSE AND DIRECTING CLERK OF COURT
TO RE-SERVE COURT’S MARCH 16, 2017,
ORDER ALONG WITH THE NECESSARY
SERVICE DOCUMENTS
[ECF Nos. 37, 39, 40]

Plaintiff Percy Lee Rhodes is appearing pro se and in forma pauperis in this civil rights action

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pursuant to 42 U.S.C. § 1983. Pursuant to 28 U.S.C. § 636(c), Plaintiff consented to the jurisdiction of

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the United States Magistrate Judge on November 23, 2015. Local Rule 302.

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On May 2, 2017, the Court issued an order to show cause why the action should not be

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dismissed for Plaintiff’s failure to comply with the Court’s March 16, 2017, order to complete and

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return the necessary service of process documents.

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Plaintiff filed a response to the order to show cause on May 15, 2017. Plaintiff contends that

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he never received the Court’s March 16, 2017, order, and he requests that the Court re-send the order

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and necessary service of process documents. Plaintiff also requests $60.00 for pro per supplies.

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Based on Plaintiff’s response, the Court will discharge the order to show cause and re-send

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Plaintiff a copy of the Court’s March 16, 2017, order along with the necessary service of process

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documents. However, the Court cannot provide Plaintiff with money for supplies. Although Plaintiff
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is proceeding in forma pauperis in this action, such status does not authorize the payment of money for

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expenses associated with litigating this action. 28 U.S.C. § 1915.

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Accordingly, it is HEREBY ORDERED that:

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The Court’s May 15, 2017, order to show cause is discharged;

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2.

The Clerk of Court shall re-send Plaintiff a copy of the Court’s March 16, 2017, order

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along with the necessary service of process documents;
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Within thirty (30) days from the date of service of this order, Plaintiff shall complete

and return the necessary service of process forms;

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4.

Plaintiff’s request for $60.00 to litigate this action is denied; and

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5.

The failure to comply with this order will result in dismissal of the action.

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IT IS SO ORDERED.

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Dated:

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May 16, 2017
UNITED STATES MAGISTRATE JUDGE

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