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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1 2 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF CALIFORNIA 5 6 DAVID ANDERSON, Plaintiff, 7 8 v. CASE NO. 1:16-cv-01629-DAD-SKO ORDER REGARDING SERVICE OF DEFENDANTS AND CONTINUING SCHEDULING CONFERENCE 9 10 COUNTY OF MADERA, et al., (Doc. 10) Defendants. 11 12 ORDER 13 14 The Court is in receipt of pro se Plaintiff’s response to the Court’s minute order entered 15 July 11, 2017 (Doc. 9), continuing the scheduling conference and ordering proof of service of the 16 amended complaint on Defendants be filed upon the docket. In the response, Plaintiff indicates 17 that he intends to continue to prosecute his case against the unserved defendants, and requests that 18 the Court effectuate service upon those defendants. (Doc. 10.) Plaintiff also requests that the 19 Court continue the scheduling conference currently set for September 19, 2017. (Id.) 20 Plaintiff is advised that he, not the Court, “is responsible for having the summons and 21 complaint served within the time allowed by Rule 4(m) and must furnish the necessary copies to 22 the person who makes service.”1 Fed. R. Civ. P. 4(c)(1); see also Fed. R. Civ. P. 4(m) (“If a 23 defendant is not served within 90 days after the complaint is filed, the court . . . must dismiss the 24 action without prejudice against that defendant or order that service be made within a specified 25 time.”). Accordingly, Plaintiff is hereby ORDERED to file proof of service of the amended 26 27 28 1 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 1 complaint on Defendants by September 19, 2017. In order to permit time for Plaintiff to 2 effectuate service, the scheduling conference currently set for September 19, 2017, is VACATED 3 and RESET for October 31, 2017, at 10:15 a.m. 4 5 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. 6 7 8 9 IT IS SO ORDERED. Dated: August 2, 2017 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 .

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