Anderson v. County of Madera et al

Filing 11

ORDER REGARDING Service of Defendants and Continuing Scheduling Conference 10 . Plaintiff is ORDERED to file proof of service of the amended complaint on Defendants by 9/19/2017. In order to permit time for Plaintiff to effectuate service, the Scheduling Conference currently set for 9/19/2017, is VACATED and RESET for 10/31/2017, at 10:15 AM in Courtroom 7 (SKO) before Magistrate Judge Sheila K. Oberto. Order signed by Magistrate Judge Sheila K. Oberto on 8/2/2017. (Timken, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DAVID ANDERSON,
Plaintiff,

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v.

CASE NO. 1:16-cv-01629-DAD-SKO
ORDER REGARDING SERVICE OF
DEFENDANTS AND CONTINUING
SCHEDULING CONFERENCE

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COUNTY OF MADERA, et al.,

(Doc. 10)

Defendants.

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ORDER
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The Court is in receipt of pro se Plaintiff’s response to the Court’s minute order entered

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July 11, 2017 (Doc. 9), continuing the scheduling conference and ordering proof of service of the

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amended complaint on Defendants be filed upon the docket. In the response, Plaintiff indicates

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that he intends to continue to prosecute his case against the unserved defendants, and requests that

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the Court effectuate service upon those defendants. (Doc. 10.) Plaintiff also requests that the

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Court continue the scheduling conference currently set for September 19, 2017. (Id.)

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Plaintiff is advised that he, not the Court, “is responsible for having the summons and

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complaint served within the time allowed by Rule 4(m) and must furnish the necessary copies to

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the person who makes service.”1 Fed. R. Civ. P. 4(c)(1); see also Fed. R. Civ. P. 4(m) (“If a

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defendant is not served within 90 days after the complaint is filed, the court . . . must dismiss the

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action without prejudice against that defendant or order that service be made within a specified

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time.”). Accordingly, Plaintiff is hereby ORDERED to file proof of service of the amended

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The payment referenced in Plaintiff’s response is the fee assessed by the Court to file a civil case. For further
information, the Court refers Plaintiff to “Pro Se Package: A Simple Guide to Filing a Civil Action” prepared by the
Office
of
the
Clerk
of
Court,
found
online
at
http://www.caed.uscourts.gov/caednew/assets/File/Combined%20Pro%20Se%20Packet(1).pdf.

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complaint on Defendants by September 19, 2017. In order to permit time for Plaintiff to

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effectuate service, the scheduling conference currently set for September 19, 2017, is VACATED

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and RESET for October 31, 2017, at 10:15 a.m.

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Finally, the Court DIRECTS the Clerk to send a copy of this order to Plaintiff at his
address listed on the docket for this case.

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IT IS SO ORDERED.
Dated:

August 2, 2017

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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