Hof v. Kernan et al

Filing 13

ORDER Granting Plaintiff's Motion to Continue 11 ; Directing Plaintiff to Submit Service Documents, signed by Magistrate Judge Michael J. Seng on 12/17/16. Service is appropriate for Aaronjit Kaleka, MD. 30-Day Deadline. (Attachments: # 1 USM Forms)(Verduzco, M)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

SHAIN C. HOF,

CASE NO. 1:16-cv-1169-LJO-MJS (PC)

12
Plaintiff

13
14
15
16

ORDER
(1) GRANTING PLAINTIFF’S MOTION
TO CONTINUE, AND

v.

(2) DIRECTING PLAINTIFF TO
SUBMIT SERVICE DOCUMENTS

SCOTT KERNAN, et al.,
Defendants.

(ECF NO. 11)

17

THIRTY-DAY DEADLINE

18
19
20
21
22
23
24
25
26

Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil
rights action filed pursuant to 42 U.S.C. § 1983. On November 2, 2016, the Honorable
Lawrence J. O’Neill screened Plaintiff’s complaint and found a cognizable Eighth
Amendment claim against Dr. Aronjit Kaleka. (ECF No. 10.) Plaintiff was directed to file a
first amended complaint or notify the court of his willingness to proceed on the cognizable
claim in his complaint. Plaintiff has now filed a motion to continue, which the undersigned
construes as a notice of Plaintiff’s willingness to proceed on the cognizable claim against
Dr. Kaleka. (ECF No. 11.)

27
Accordingly, IT IS HEREBY ORDERED that:
28
1

1
2
3

1. Plaintiff’s motion to continue (ECF No. 11) is GRANTED;
2. Service should be initiated on Defendant Dr. Aronjit Kaleka.
3. The Clerk of the Court should send Plaintiff one (1) USM-285 form, one
summons, a Notice of Submission of Documents form, an instruction sheet,

4

and a copy of the Complaint, filed July 27, 2016 (ECF No. 1);

5
6

4. Within thirty (30) days from the date of this order, Plaintiff shall complete the
attached Notice of Submission of Documents and submit the completed Notice

7
to the Court with the following documents:
8
a. One (1) completed summons;
9
b. One (1) completed USM-285 form for the Defendant; and
10
c. Two (2) copies of the endorsed Complaint, filed July 27, 2016;
11

5. Plaintiff need not attempt service on the Defendant and need not request

12

waiver of service. Upon receipt of the above-described documents, the Court

13

will direct the United States Marshal to serve the above-named Defendant

14
15

pursuant to Federal Rule of Civil Procedure 4 without payment of costs; and
6. The failure to comply with this order may result in a recommendation to dismiss

16

this action.

17
18

IT IS SO ORDERED.

19
20
21

Dated:

December 17, 2016

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

22
23
24
25
26
27
28
2