Lipsey v. Reddy et al
Filing
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ORDER to SHOW CAUSE for Failure to Submit Copies of the Endorsed Complaint Filed on April 24, 2017, signed by Magistrate Judge Barbara A. McAuliffe on 8/1/17. Thirty-Day Show Cause Deadline. (Gonzalez, R)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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CHRISTOPHER LIPSEY, JR.,
Plaintiff,
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vs.
DR. REDDY, et al.,
Defendants.
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1:17-cv-00569-LJO-BAM (PC)
ORDER TO SHOW CAUSE FOR FAILURE
TO SUBMIT COPIES OF THE ENDORSED
COMPLAINT FILED ON APRIL 24, 2017
THIRTY-DAY DEADLINE
Plaintiff Christopher Lipsey is a state prisoner proceeding pro se and in forma pauperis in
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this civil rights action pursuant to 42 U.S.C. § 1983. This matter was referred to a United States
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Magistrate Judge pursuant to 28 U.S.C. § 636(1)(B) and Local Rule 302.
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On June 6, 2017, the Court screened the complaint pursuant to 28 U.S.C. § 1915A, and
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found that it stated cognizable claim for excessive force in violation of the Eighth Amendment
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against Defendants Hernandez, Celedon, and Mancilla for allegedly attacking Plaintiff on March
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21, 2016, but failed to state any other claims. The Court issued an order requiring Plaintiff to
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either file an amended complaint or notify the Court of his willingness to proceed only on the
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cognizable claim. (ECF No. 9.) On June 14, 2017, Plaintiff filed a written notice of willingness
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to proceed only on the claim found to be cognizable. (ECF No. 11.)
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On June 19, 2017, the Court instructed the Clerk of the Court to send Plaintiff USM-285
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forms, summonses, a Notice of Submission of Documents form, an instruction sheet and a copy
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of the complained filed on April 14, 2017. The Court ordered Plaintiff to complete the Notice of
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Submission of Documents and submit it to the Court within thirty days, along with completed
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summonses, a USM-285 for each defendant, and four (4) copies of the endorsed complaint.
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(ECF No. 12.)
On June 29, 2017, Plaintiff submitted his Notice of Submission of Documents, which
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included three summonses and three completed USM-285 forms. However, Plaintiff failed to
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submit the required copies of the complaint. (ECF No. 17.) Plaintiff’s deadline to submit all
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required documents has now passed.
Thus, Plaintiff has not fully complied with the Court’s June 19, 2017 order and service
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cannot yet be initiated. Although Plaintiff has filed other motions with the Court, he has not
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sought an extension of time or given any explanation for his failure to comply with the Court’s
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order.
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Accordingly, IT IS HEREBY ORDERED that:
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1. Within thirty (30) days from the date of this Order, Plaintiff SHALL show cause in
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writing for his failure to comply with the Court’s June 19, 2017 order, OR Plaintiff
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SHALL SUBMIT four (4) copies of the endorsed complaint filed on April 24, 2017;
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2. Upon receipt of the copies, the Court will direct the United States Marshal to serve
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the above-named defendants pursuant to Federal Rule of Civil Procedure 4 without
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payment of costs; and
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3. Plaintiff’s failure to comply with this order may result in dismissal of this action.
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IT IS SO ORDERED.
Dated:
/s/ Barbara
August 1, 2017
A. McAuliffe
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UNITED STATES MAGISTRATE JUDGE
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