Madden v. Hicks et al

Filing 18

ORDER Granting Plaintiff's 17 Motion Seeking Re-Serve of Court's Screening Order and Extension of Time to Complete Service Documents; ORDER Discharging March 7, 2019 Order to Show Cause; ORDER Directing Clerk's Office to Re-Serve January 22, 2019 Service Order and all Attachments signed by Magistrate Judge Barbara A. McAuliffe on 03/27/2019. Case Management Deadline: 4/29/2019.(Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RYAN P. MADDEN,

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Plaintiff,
v.
HICKS, et al.,

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ORDER GRANTING PLAINTIFF’S MOTION
SEEKING RE-SERVICE OF COURT’S
SCREENING ORDER AND EXTENSION OF
TIME TO COMPLETE SERVICE
DOCUMENTS
(ECF No. 17)

Defendants.
ORDER DISCHARGING MARCH 7, 2019
ORDER TO SHOW CAUSE
(ECF No. 16)

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ORDER DIRECTING CLERK’S OFFICE TO
RE-SERVE JANUARY 22, 2019 SERVICE
ORDER AND ALL ATTACHMENTS

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THIRTY (30) DAY DEADLINE

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Case No. 1:18-cv-00255-DAD-BAM (PC)

Plaintiff Ryan P. Madden (“Plaintiff”) is a state prisoner proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on

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Plaintiff’s complaint, filed February 22, 2018, against Defendant Hicks for excessive force and

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assault and battery claims, and against Defendants Silva and Hicks for California Bane Act and

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retaliation claims.

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On January 22, 2019, the Court issued an order authorizing service of Plaintiff’s

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complaint and forwarding service documents to Plaintiff for completion and return within thirty

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days. (ECF No. 15.) Following Plaintiff’s failure to comply, on March 7, 2019, the Court issued
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an order for Plaintiff to submit completed service documents or show cause why this action

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should not be dismissed for failure to prosecute. (ECF No. 16.)

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On March 26, 2019, Plaintiff filed the instant motion seeking re-service of the Court’s

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service order and an extension of time to file completed service documents. (ECF No. 17.)

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Plaintiff states that he never received a copy of the Court’s January 22, 2019 order, and therefore

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was unaware of the pending deadline until he received the Court’s March 7, 2019 order to show

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cause. Plaintiff further states that he is attempting to retrieve a copy of his legal mail log to

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corroborate these statements. Plaintiff requests a new copy of the Court’s service order, all

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service documents he must complete, and an extension of time to file the completed service

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documents. (Id.) Having considered Plaintiff’s moving papers, the Court finds good cause to

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grant the requested relief and extension of time.

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Accordingly, it is HEREBY ORDERED that:
1. Plaintiff’s motion for re-service of the Court’s January 22, 2019 service order and
extension of time to file completed service documents, (ECF No. 17), is GRANTED;

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2. The March 7, 2019 order to show cause, (ECF No. 16), is DISCHARGED;

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3. The Clerk of the Court is DIRECTED to re-serve the Court’s January 22, 2019 service

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order, (ECF No. 15), including two (2) USM-285 forms, two (2) summonses, a Notice of

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Submission of Documents form, an instruction sheet, and a copy of the complaint filed on

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February 22, 2018, on Plaintiff at his current address of record;

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4. Within thirty (30) days from the date of service of this order, Plaintiff shall submit

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completed service documents as explained in the Court’s January 22, 2019 order; and

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5. Plaintiff’s failure to comply with this order will result in dismissal of this action.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

March 27, 2019

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A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE

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